Cannabis in Canada

Put down that legal joint and put your hands up

Karen Selick
November 25, 2018
Canadian stoners are already longing for the good old days of criminalized cannabis where it was easy to get excellent weed at a fair price with decent customer service and low risk of getting busted. Now that it’s ‘legal’ they’re confused and fearful about where they can smoke, what they can grow, how much they can carry, and how long they must wait after toking before they can drive or go to work. And that’s only if they can find any. Legalization is working for some, though: the former cops and politicians who used to prosecute potheads and are now dealing the stuff. Karen Selick reports.
Cannabis in Canada

Put down that legal joint and put your hands up

Karen Selick
November 25, 2018
Canadian stoners are already longing for the good old days of criminalized cannabis where it was easy to get excellent weed at a fair price with decent customer service and low risk of getting busted. Now that it’s ‘legal’ they’re confused and fearful about where they can smoke, what they can grow, how much they can carry, and how long they must wait after toking before they can drive or go to work. And that’s only if they can find any. Legalization is working for some, though: the former cops and politicians who used to prosecute potheads and are now dealing the stuff. Karen Selick reports.
Share on Facebook
Share on Twitter

It should have been easy to legalize marijuana. The default position in our supposedly free society is that people can own, trade and sell plants, and things produced from plants. If the cultivation and/or use of a particular plant has been outlawed, then legalizing it should simply have meant repealing whatever law previously proscribed it.

But the Cannabis Act, which received Royal Assent in June, contains 226 sections (some with multiple subsections) and six schedules. It also amends 15 other federal statutes. Clearly, it is not a simple law. In the bill form that was placed before Parliament, its Summary section contains ten items explaining what the Act is supposed to achieve. The first states that it “establishes criminal prohibitions such as the unlawful sale or distribution of cannabis…and the unlawful possession, production, importation and exportation of cannabis [emphasis added].” The fourth item describes new prohibitions on promotion, packaging and labelling of cannabis.

Then there’s the corresponding provincial legislation. Ontario’s new Cannabis Control Act, for example, starts out by saying that its purpose is “to establish prohibitions relating to the sale, distribution, purchase, possession, cultivation, propagation and harvesting of cannabis…”

Whoa! Wasn’t this legislation supposed to legalize something? Instead, it enacts a raft of new prohibitions, each of which will spawn its own crop of violators and generate its own costs of enforcement. Going by their structure and wording, the new federal and provincial laws’ purpose seems to be something other than simply freeing Canadians to grow, use and engage in commerce in cannabis. The result, as we’ve been reading in the news, has been chaos and frustration among producers, distributors and consumers in a marketplace that previously managed to handle an estimated $6.2 billion worth of product per year  – nearly the size of Canada’s market in wine – with relatively stable prices (indicating that supply and demand were in equilibrium) and, we can assume, widespread customer satisfaction.

But the new legislation triggered immediate problems: shortages of legal recreational cannabis, shortages of seeds for those who want to grow their own, and shortages of product for those who use medical marijuana. Meanwhile, new regulations in Quebec forced stores to abruptly empty their shelves of pot-related paraphernalia whose only flaw is that its logo or “get-up” features a marijuana leaf. This design feature has suddenly been arrogated to the exclusive use of the provincial government. Merchandisers are planning a legal challenge based on freedom of expression.

xSince cannabis became legal in Canada on Oct. 17, there have been chronic shortages of the product at outlets across the country.

We can also expect additional problems – and constitutional challenges – from the “drugged driving” clauses added to the Criminal Code. Among the concerns experienced in jurisdictions which preceded Canada in legalizing cannabis are the slowness and inaccuracy of roadside testing equipment, which uses mouth swabs. False-positive results have occurred as often as 14.5 percent of the time. These then trigger more invasive blood tests at the police station, but most stations currently lack personnel who can legally draw blood. And scientists are still debating whether there is any reliable numerical limit for blood tests, since some people can show signs of THC (the active ingredient for intoxication) ingested on a previous day without being genuinely impaired.

In a logical and just world, the people who spent decades of their lives fighting for the right to engage in free trade with consenting adults would now be receiving compensation for the many financial hardships and losses of liberty inflicted upon them by the state under its former misguided policies. Take Marc Emery, for example, widely known among Canadians as the “Prince of Pot”. As an advocate of free markets, an energetic entrepreneur, and an aficionado of pot, Emery for decades conducted himself in a manner most people would have considered admirable had his product been, say, olive oil. He strove to improve the quality of his product (marijuana seeds), to satisfy his customers, and to expand his business. He provided employment to many and paid almost $600,000 cumulatively in income tax.

For his pains, Emery’s businesses were raided repeatedly, resulting in loss of inventory and disruption to commerce, not to mention thousands of dollars in fines. He was even hauled off to jail in Canada on several occasions. But the worst price he paid was five years spent in a U.S. prison after Canada extradited him to face charges there. I’ve known Marc personally for more than 40 years, and while I don’t share his taste for recreational drugs, I’ve always admired his ingenuity and tenacity in the face of obstacles that would almost certainly have defeated me. Yet from a government that has paid out $4.7 billion in compensation to former aboriginal attendees of residential schools, the most we’ve heard is of a possibility that individuals who have criminal records as a result of laws we now recognize as unjust might – just might – be given amnesty.

I’m not advocating that compensation be paid out of government coffers. That would only shift the injustice to a new group of innocents, namely current Canadian taxpayers, many of whom undoubtedly opposed the old law. In a logical and just world, the individuals who made or enforced the former policy outlawing pot – the politicians and law enforcement officials who voted for, advocated, or implemented the continual criminalization of voluntary transactions between consenting adults – would be the ones to pay compensation to those they victimized.

But in our topsy-turvy world, some of the most adamant opponents of legalizing pot are now earning their living from it, or trying to. There’s a long list of people who were politicians, political aides, bureaucrats, or top-ranking law enforcement officials during the marijuana prohibition years, who are now officers or directors of prominent new cannabis companies. The plethora of industry mergers and acquisitions makes it hard to keep the list current, but among those who have at least dipped their toe into the industry – even if it’s no longer there – are a former prime minister, a former provincial premier, several former cabinet ministers, and a former head of the RCMP.

Perhaps the most striking example is Julian Fantino, who has been Toronto’s police chief, Commissioner of the Ontario Provincial Police, and a federal cabinet minister. After news broke last year that Fantino was involved in a medical marijuana business, he was interviewed on the CBC show As It Happens. Host Carol Off quoted Fantino as having said in 2015 that he was “completely opposed to the legalization of marijuana,” that it was “simply wrong” and would “[put] the health and safety of our children and our communities at risk.” Yet there he was, two years later, opening the flagship office of Aleafia Medical Cannabis Care, where he remains on the board today along with director Raf Souccar, whose 34 years in law enforcement culminated as deputy commissioner of the RCMP.

Fantino’s explanation of his dramatic shift: it was a “different era” in which “there was no talk of legalization”, he said of his former – but not very distant – attitudes, dismissing Off’s questions. I’d be very surprised if the idea of compensating those who suffered under the old regime was a serious consideration for Fantino. No, that idea is merely a fantasy of mine.

Canada outlawed cannabis in 1923, apparently with no debate in Parliament, merely by adding this plant to an existing schedule of illegal drugs. At that time, cannabis wasn’t commonly used. The injustices and adverse social consequences that ensued from this cavalier enactment – as well as the ongoing chaos that we can expect as a result of the so-called legalization – should serve as an example of why such legislation should never again be so lightly undertaken.

Love C2C Journal? Here's how you can help us grow.

More for you

From Refuge to Hunting Ground: Why Some Migrant Men Come Here to Rape, and What to Do About It

Among the many true things that cannot be said out loud in our era of wokist orthodoxy is that some recent immigrants might be fundamentally different from other Canadians. It’s a taboo that must end if Canada is to avoid repeating the vast wave of sex crimes sweeping across much of Europe. In the concluding instalment of her searing two-part series, Margret Kopala examines the underlying factors behind the horrifying propensity of some recent male migrants to brutalize and sexually assault women in their new country. While many politicians have chosen to turn a blind eye to the problem, Kopala reveals how a popular pushback is finally forcing some Western governments to secure their borders and protect their people. (Read Part I here.)

Monsters Among Us: The Unspoken Link Between Immigration Policy and Sexual Assaults

Not long after the horrific October 7, 2023 Hamas attack on Israel, Margret Kopala was walking down an Ottawa street when she was verbally assaulted by a man of obvious Middle Eastern heritage making ugly references about her sex. Drawing a line between her harrowing experience and Canada’s lax immigration policy and law enforcement practices, and drawing upon ample evidence from Europe and the UK, Kopala explores the terrifying correlation between recurring waves of young male migrants and shocking increases in violent crime – especially sexual assault. The implications are both personal and societal. Part I of a two-part series.

Endgame to Failure: How the Zero-Tolerance Campaign Against Nicotine Will Backfire

About 11 percent of Canadians currently smoke. Cutting that rate in half by 2035 would offer an enormous health dividend. But how to get there? The influential Ontario Tobacco Research Unit recently offered the federal government its advice: crack down not just on cigarettes but all forms of nicotine use, including vapes, oral pouches and heated tobacco products. But as Ian Irvine points out, such a puritanical approach will worsen overall health, increase crime and reduce social equity. Surveying the international evidence and drawing upon his own academic research, Irvine reveals a better path forward.

More from this author

The Charter and Freedom of Expression

Taking to heart the Orwellian adage that, “All animals are equal, but some animals are more equal than others,” Facebook is torquing its algorithms for monitoring hate speech in a certain ideological direction. Karen Selick shows how the judiciary in past decades paved the way for social media’s current assault on freedom of expression.