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new Liberals table marijuana bill that includes crackdown on impaired drivers
DANIEL LEBLANC Ottawa | The Globe and Mail Last Updated: Thursday, Apr. 13, 2017 12:45PM EDT The federal government’s proposed legislation to legalize marijuana for recreational purposes includes a thorough overhaul of Canada’s impaired driving laws, toughening up the system not only for drivers who are impaired by marijuana but also by alcohol.
The bill was tabled in the House of Commons shortly after noon on Thursday, with the government hoping to officially legalize marijuana for recreational use by July 1, 2018.
The broad outlines of the government’s plans to lift the 94-year-old prohibition against the recreational use of marijuana have been in the public domain for weeks. Under the new regime, the federal government will license marijuana producers, while the provinces will be in charge of distributing and selling the product to Canada’s adult market.
Explainer: Legal marijuana is coming but what does it mean for you?
“We are moving from a prohibitive regime to a regulated regime,” said a senior federal official.
As part of the major legislative initiative, the federal government is proposing a number of changes to the Criminal Code to punish anyone who would provide marijuana to youth or sell the product outside the new legal regime.
The proposed legislation would create new criminal offences with maximum penalties of 14 years in jail to anyone who sells or gives cannabis to youth.
The bill also proposes penalties of up to three years in jail, or a fine of $5-million, to anyone who creates cannabis products that are appealing to youth or promotes cannabis products except in specific circumstances.
Under the proposed legislation, adults could possess up to 30 grams of dried cannabis and grow up to four plants per residence.
There will also be new provisions against drug-impaired driving, which will be closely scrutinized by critics who fear an increase in the number of cases of impaired driving once marijuana becomes legal.
In terms of impaired driving, the government is promising a system of roadside testing for cannabis impairment “before legalization occurs.” Police would be given powers to obtain a saliva sample “if they reasonably suspect that a driver has drugs in their body.”
The government is also proposing a new drug-impaired driving offence for drivers who combine alcohol with cannabis.
In terms of the regime for those who drink and drive, the government is proposing to increase fines and impose tougher jail penalties, in addition to making it easier for police to demand breath samples even in cases where there is no suspicion that a driver has consumed alcohol.
A senior federal official told The Globe and Mail that the government has taken the opportunity to clean up all provisions in the Criminal Code dealing with impaired driving to remove a number of loopholes.
There is a widespread feeling in Canada’s judicial system that people can get out of a charge of impaired driving with the help of high-priced lawyers who often take advantage of a number of court decisions that have weakened the law over the years.
“Right now, we have a system that has been built up in a piece-meal approach,” the senior official said, adding the government now wants to tighten up the law for both drug– and alcohol-related impairment.
The legalization of marijuana is being overseen by the departments of Health, Justice and Public Safety. The proposed legislation will be carefully scrutinized by provincial governments, marijuana producers and a number of would-be distributors and sellers of marijuana that are all looking for a piece of the multibillion-dollar market.
The Quebec government is set to join forces with Ontario to examine the federal legislation and find solutions to the host of problems it may present for the provinces.
“We will have common challenges on issues like health and prevention and security, especially when it comes to road and workplace safety,” Quebec Public Health Minister Lucie Charlebois said earlier this week.
At this point, there are 42 companies that have the necessary authorizations from Health Canada to produce marijuana for medical purposes across the country.
A federal official said the current holders of licences will have a head start once the market is opened up to recreational users, while stating the federal government will add staff and resources at Health Canada to speed up the approval process for new producers.
A key concern is ensuring that the supply of marijuana will meet the demand for the drug once it is legalized. As Ottawa works toward squeezing out illegal producers of marijuana, federal officials are worried that a shortage of cannabis would hurt their plans in the initial stages of legalization. Another priority for the government will be to ensure that there is a broad variety of producers of marijuana serving the recreational market, and not just the existing network that includes many large-scale facilities.
“It’s obvious that the producers who are already licensed have an advantage going in. But there is also a clear desire on the government’s part to have a mix of big and small producers,” said the federal official.
WATCH:Kellie Leitch says recreational marijuana should not be legalized 01:46 Published: Thursday, Apr. 13, 2017 12:12PM EDT