Are We All Going to Pot?: Legal Issues Arising from Cannabis-Industry Growth The Canadian Perspective

Similar documents
Understanding the New Access to Cannabis for Medical Purposes Regulations

Cannabis Legalization August 22, Ministry of Attorney General Ministry of Finance

Legalization of Cannabis: The Way Forward

Model. Medical Access to Marihuana first established on a case by case basis using exemptions

Legalization, Regulation and Restriction of Access to Cannabis

Recent trends in medical cannabis use in Canada

Corporate Development Committee Report

Legalization of Recreational Cannabis

Cannabis Regulation in Canada:

Cannabis for Medical Purposes

Legalization and Regulation of Cannabis Enforcement Challenges

Legalization and Regulation of Recreational Cannabis PRESENTATION LPPANS NOVEMBER 22, 2017

Frequently Asked Questions

Explanatory Notes Relating to Regulatory and Legislative Proposals Relating to the Taxation of Cannabis

An Overview of the Government of Canada s Approach to Legalize, Regulate and Restrict Access to Cannabis

Yukon s Proposed Framework for. Legalized Cannabis 30 GRAMS MINIMUM AGE

SUBJECT: Cannabis legislation and implications for the City of Burlington

CANNABIS IN YOUR COMMUNITY. A Presentation to CPAA Conference May 2017

Prince Edward Island: Preparation for Cannabis Legalization

Legalizing Marijuana: Anticipated Challenges

Update on the Legalization and Regulation of Cannabis. January 8, 2018 Regular Meeting of Delta Council

An Overview of the Government of Canada s Approach to Legalize, Regulate and Restrict Access to Cannabis. February 2018

Medical Marijuana and the Workplace: Human Rights Considerations for ONA Members

Health Care Professionals Forum. May 19, 2016

Cannabis Legalization and Regulation in British Columbia Discussion Paper

James Donaldson CEO and Executive Director

The federal legislation, Cannabis Act that legalizes recreational cannabis comes into effect on October 17, 2018.

Municipal Implications of Impending Marijuana Legalization

The Canadian context for cannabis policy and public health approaches to substance use

Copyright Canadian Nurses Association 50 Driveway Ottawa, Ont. K2P 1E2 CANADA

MODIFICATION OF APPLICATION TO BECOME A LICENSED PRODUCER UNDER THE ACCESS TO CANNABIS FOR MEDICAL PURPOSES REGULATIONS

Colin Fetter Partner, Edmonton Office Direct: Presented by:

Provincially-Licensed Cannabis Retail Stores in Toronto

LEGALIZED AND MEDICAL MARIJUANA IN THE WORKPLACE

Amending Your Land Use Bylaw To Prepare For The Retail Sale Of Cannabis

Canopy Growth Corporation

Cannabis Legalization: Implications, Considerations, and Proposed Actions for the CSRD. Development Services

REQUEST FOR DECISION Subject: Bylaw 420 Land Use Bylaw Amending Bylaw Cannabis and Cannabis Related Businesses Definitions

Cannabis: SCRD Land Use Regulations. Infrastructure Services Committee Presentation June 2018

Cannabis use carries significant health risks, especially for people who use it frequently and or/begin to use it at an early age.

Running Head: LEGALIZATION OF MARIJUANA 1 LEGALIZATION OF RECREATIONAL MARIJUANA IN CALIFORNIA

Cannabis Legalization Proposed Bylaws

Medical Marijuana Use in the Workplace

LIQUOR LICENSE CHANGES AND CANNABIS LEGALIZATION: REGIONAL DISTRICT IMPACTS AND CONSIDERATION

Cannabis Legalization

Proposed Excise Duty Framework for Cannabis Products

Proposed Amendments to the Cannabis Regulations: Edible Cannabis, Cannabis Extracts and Cannabis Topicals

Legalization of Recreational Cannabis. Mary Ellen Bench City Solicitor, City of Mississauga November 26, 2018

Ryan Smith, Community Planning Department Manager

A COMMITTEE OF THE WHOLE MEETING WILL BE HELD IN THE MUNICIPAL COUNCIL CHAMBERS AT CITY HALL ON THURSDAY, NOVEMBER 16, 2017 AT 12:00 P.M.

REGULATING CANNABIS IN NUNAVUT A Proposal for Consideration and Discussion

A PUBLIC HEALTH APPROACH TO THE LEGALIZATION, REGULATION AND RESTRICTION OF ACCESS TO CANNABIS

Cannabis Retail Store Licensing in Ontario. General Committee December 10, 2018

Office of University Counsel and Secretary of the Board of Regents


Legalization of Cannabis- Overview

CONTROL, REGULATION, AND TAXATION OF MARIJUANA AND INDUSTRIAL HEMP ACT PRESENTATION TO LEGISLATIVE TASK FORCE ON OLCC 11/19/14

Proposal 18-1: Marijuana Legalization

B.C. Cannabis PRIVATE RETAIL LICENSING GUIDE Applications and Operations

Cannabis Law. June 29, 2018

Cannabis Legalization

Re: Items and Cannabis Legalization

Cannabis, the law, and housing

Legalization of non-medical Cannabis OPSBA Update September 08, 2017

Canadian Marijuana Industry Snapshot: 17 Charts

Trends in medical cannabis use in Canada,

CITY OF BROOKS BYLAW NO. 18/19

Cannabis Legalization and Regulation

LIQUOR POLICY REFORM IN BRITISH COLUMBIA

Written Brief to the Standing Committee on Health

MARIJUANA LEGALIZATION. INITIATIVE STATUTE.

Question 2 made some recreational marijuana legal under Nevada state law.

Planning for Cannabis Retail Operations

REQUEST FOR DECISION Subject: Bylaw 420 Land Use Bylaw Amending Bylaw Cannabis and Cannabis Related Business Definitions

Response to request for submissions regarding regulation of non-medical cannabis

MARIJUANA: EXPLORING THE PUBLIC HEALTH APPROACH

Cannabis in Canada. The State of the Law. Current as of October 2018

PLANNING IMPLICATIONS FOR CANNABIS LEGISLATION. Zone 7 & 8 Spring Workshop April 19, 2018

Retail Cannabis Public Information Centre December 12, Paul Voorn, Associate Solicitor Ted Horton, Planner

Cannabis Regulations Response and Update on Cannabis Legalization

Oregon State University Guidance on Cannabis Research, Teaching, and Outreach Activities

RE: Response to The Standing Committee on Health s Consultation on Bill C-45

Research: Medical Cannabis

Proposed Land Use Bylaw Amendment Cannabis Retail Stores. March 26, 2018

Life s brighter under the sun MEDICAL CANNABIS AND GROUP BENEFITS PLAN COVERAGE

Getting Server Ready (Bars, Restaurants etc.)

January 19, Cannabis Legalization and Regulation Secretariat Address locator 0602E Health Canada Ottawa, Ontario K1A 0K9

Ryan Smith, Community Planning Department Manager. Zoning Bylaw Text Amendment for Cannabis Production and Retail Cannabis Sales

Marijuana Legalization Update

420 ADVISORY MANAGEMENT

DRUG PRODUCT INTERCHANGEABILITY AND PRICING ACT

Processing of Medical Marihuana Products in the Light Industrial Business Park Zone

SUBSTANCE USE GUIDELINES

Colorado s Cannabis Experience Doug Friednash

CANNABIS RETAIL & PRODUCTION OPERATIONS PROPOSED REGULATIONS

BC Compassion Club Society

Medical (and Recreational) Marijuana in the Workplace. Jamie LeMesurier, QC Chad Sullivan

Responsible Retailing of Recreational Cannabis. Recommendations to British Columbia s Cannabis Regulation Engagement Secretariat

PROPOSED APPROACH TO THE REGULATION OF CANNABIS. For Consultation

Cannabis and What we Know. Bonnie Schnittker RN PHN Public Health Nurse October 20, 2017

Transcription:

Are We All Going to Pot?: Legal Issues Arising from Cannabis-Industry Growth The Canadian Perspective John A. Myers and Colin B. Findlay SCG Legal Annual General Meeting September 16, 2016 Boston

Licensed Producer Approval Stats As of August 1, 2016 1561 applications received 35 have been approved 253 have been refused 419 applications are in progress 54 have been withdrawn 801 were incomplete and have been returned 2

Licensed Producers by Province 3

Access to Cannabis for Medical Purposes Regulations, SOR/2016-230 Came into force August 24, 2016 Authorized users may now possess and consume fresh and dried marihuana as well as cannabis oil 5 grams of fresh marihuana equivalent to 1 gram of dried marihuana Authorized users may now obtain marihuana from a Health Canada licensed producer, a 3 rd party designated producer or by producing it themselves 4

Access to Cannabis for Medical Purposes Regulations, SOR/2016-230 Licensed producers may conduct analytical testing for contaminants, disintegration, solvents, and THC content Healthcare practitioners continue to control who is approved for a medical document indicating the patient s right to possess and use marihuana Possession limit for consumers continues to be lesser of 30 times daily prescribed amount and 150 grams 5

Quality Control in the ACMPRs s. 67(1) Cannabis oil must not exceed a maximum yield quantity of 30 mg of delta-9-tetrahydrocannabinol per millilitre of the oil in the immediate container, taking into account the potential to convert delta-9- tetrahydrocannabinolic acid into delta-9- tetrahydrocannabinol. s. 67(2) If cannabis oil is in a capsule or similar dosage form, each capsule or unit of the dosage form must not exceed a maximum yield quantity of 10 mg of delta-9- tetrahydrocannabinol, taking into account the potential to convert delta-9-tetrahydrocannabinolic acid into delta-9- tetrahydrocannabinol. 6

Quality Control in the ACMPRs s. 64 The microbial and chemical contaminants of fresh or dried marihuana or cannabis oil must be within generally accepted tolerance limits for herbal medicines for human consumption, as established in any publication referred to in Schedule B to the Food and Drugs Act. s. 66 Fresh or dried marihuana or marihuana plants or seeds must not be treated with a pest control product unless the product is registered for use on marihuana under the Pest Control Products Act or is otherwise authorized for use under that Act. s. 68 Cannabis oil must not contain residue of solvents other than Class 3 solvents listed in the Guidance Document Impurities: Guideline for Residual Solvents, ICH Topic Q3C(R5), published by the Department of Health, as amended from time to time. 7

College of Physicians Positions Physicians who prescribe dried marihuana must comply with the expectations set out in this policy College of Physicians and Surgeons of Ontario Policy Statement #1-15. Although it is legal for physicians to obtain marihuana from a licensed producer and transfer it to the patient under the ACMPRs, the College of Physicians and Surgeons have strongly advised their members not to do so (e.g. B.C., Alberta, Newfoundland, Saskatchewan, Manitoba, Quebec, PEI, and Yukon). The College of Physicians and Surgeons of Manitoba requires physicians to remain at arm s length from licensed producers in order to avoid a conflict of interest. 8

Liberal Government Campaign Platform To ensure that we keep marijuana out of the hands of children, and the profits out of the hands of criminals, we will legalize, regulate, and restrict access to marijuana. We will remove marijuana consumption and incidental possession from the Criminal Code. We will create a federal/provincial/territorial task force, and with input from experts in public health, substance abuse, and law enforcement, will design a new system of strict marijuana sales and distribution, with appropriate federal and provincial excise taxes applied. https://www.liberal.ca/files/2015/10/new-plan-for-a-strong-middle-class.pdf 9

Task Force on Legalization Mandate To put in place legislation to control the production, distribution and consumption of marijuana Objectives: Restrict youth access to marijuana Keep profits out of hands of organized crime groups Reduce burdens on police and the justice system Prevent Canadians from receiving criminal records for simple possession charges Punish more serious offences such as driving while impaired and selling to youth 10

Task Force on Legalization Timeline: Report to Liberal Government first week of November 2016 Legislation targeted to be introduced in Spring 2017 Composition of Task Force: Anne McLellan (Chair) Former Minister of Health, Minister of Justice, Attorney General of Canada, Deputy Prime Minister of Canada, Minister of Health Dr. Mark Ware (Vice Chair) Associate professor in family medicine and anesthesia Other members: Experts in drug policy and regulation, addiction and mental health, public health, harm reduction, federal and international policing, human and social development 11

Future of Marijuana Distribution Relevant considerations: Ability to prevent sales to minors Access in remote locations Ability to distinguish between quality-controlled, legally produced marijuana and illegally produced marijuana Ability to collect taxes Possible distribution methods: Mail order (current approach under ACMPRs) Liquor commissions (or similar government-run stores) Independent dispensaries (highly unlikely difficult to monitor) 12

Contact Information JOHN A. MYERS Email: jamyers@tmlawyers.com Phone: (204) 988-0308 Facsimile: (204) 953-7200 Website: http://www.tmlawyers.com/directory/myers 13