Legalization and Regulation of Recreational Cannabis PRESENTATION LPPANS NOVEMBER 22, 2017
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Purpose for Today Review: Timeline Overview of Federal Legislation Consultation update Next Steps 3
Nova Scotia Players Lead Ministers Project Champion Steering Committee Project Team Topic Sub Group Operational Area Interdepartmental Working Group Minister of Justice (Ministers of Finance, Health and Service Nova Scotia will also play important roles) Senior Official/DM level to act as tie-breaker and deal with strategic issues escalated from PT and/or SC Group of Senior Officials from the core departments leading the project (1) Health & Wellness; (2) Justice; (3) Finance & Treasury Board; and (4) Service Nova Scotia Project Manager and team leads representing the core departments Sub Group organized to research a particular issue. It may be comprised of extended team members from other potentially impacted departments, as well as some project team members A group within a department gathered to look into a particular issue (or group of related issues) Includes almost every department 4 4
Timelines Dec. 13, 2016 Federal Task Force Report released publicly and provided to federal Ministers. January 16, 2017 FPT Senior Officials meeting in Ottawa April 13, 2017 - Federal Legislation introduced June 20, 2017 Province states Nova Scotians will be consulted Fall 2017 Consultations with Nova Scotians Spring 2018 Provincial Legislation 5
Federal Legislation April 13, 2017, the federal government tabled: Cannabis Act - Creates a strict legal framework for controlling the production, distribution, sale and possession of cannabis in Canada. An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts - Creates new offences and authorize police to use new tools to better detect drivers who drive while impaired by cannabis and other drugs. - Replaces the entire transportation regime in the Criminal Code. 4 6
C-45 - Cannabis Act Purpose of the Act: protecting the health of young persons by restricting their access to cannabis; Protect young persons and others from inducements to use cannabis; Provide for the licit production of cannabis to reduce illicit activities in relation to cannabis; Deter illicit activities in relation to cannabis through appropriate sanctions and enforcement measures Reduce the burden on the criminal justice system in relation to cannabis Provide access to a quality controlled supply of cannabis; Enhance public awareness of the health risks associated with cannabis use. 5 7
Cannabis Act C-45 Adults over 18 can possess 30 g or less of dried cannabis (or equivalent). Province can raise the age. ON has said they will raise it to 19. Young person (under 18) with more than 5 g of cannabis will be subject to YCJA Province can create provincial offence for less than 5g ON has said they will confiscate product. An individual is prohibited from possessing more than 4 cannabis plants. Province can reduce the number of plants and make other regulations. Production will be the responsibility of the federal government Provinces will have the responsibility to sell cannabis. Legal cannabis products that can be sold include dried cannabis, cannabis oil, fresh cannabis, cannabis plants, cannabis plant seeds. Province cannot sell edibles yet. However, people could make and consume edibles legally. Medical cannabis regime is unchanged. Ticketable offences for between 30-50 g, 5-6 plants. Must be kept separate from Court Records A cannabis seed-to-sale tracking system be established. Federal government is leading this work 8
Bill C-46: An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts Reforms the entire impaired driving regime in the Criminal Code, not just for cannabis impaired driving. Strengthens existing drug impaired driving laws Creates new legal limit drug offences Allows for new tools to better detect drug impaired drivers. 17
Part 1: Drug Impaired Driving Roadside oral fluid drug screeners: law enforcement would be authorized to demand an oral fluid sample. Would also require a DRE or blood sample. Drug Impaired Driving Offences (3 NEW) 2 ng but less than 5 ng of THC in the blood within 2 hours of driving would be a summary conviction with fine of $1,000. 5 ng or more of THC within 2 hours of driving would be a hybrid offence with mandatory min fine of $1,000 for 1 st offence. Combined THC and Alcohol with 0.05 BAC + 2.5 ng THC will be a hybrid offence. DREs confirmed to be qualified as expert witness in court. Police now have option to do DRE or blood test if reasonable grounds exist 18
Part 2: Transportation Offence Reform Incorporates the drug-impaired components in part 1 of the Bill Authorizes mandatory roadside alcohol screening Creates escalating mandatory fines for high BAC Increases some maximum penalties Eliminates/limits defences that reward risk taking behavior and make it harder to enforce laws against drinking and driving. Clarify Crown disclosure requirements Permit an earlier enrolment in a provincial ignition interlock program. 19
Provincial Areas of Responsibility Wholesale and sale of cannabis within Nova Scotia Associated compliance and enforcement Price and tax of product Regulatory Requirements to address issues of local concern Minimum age More restrictive limits on possession or personal cultivation Restricting where cannabis may be consumed Amending provincial traffic safety laws for driving while impaired. 21
Nova Scotia Policy Objectives (approved August 2016) 1. Protect public health and safety; encourage responsible social use and minimize harms of using cannabis. 2. Protect children and youth; delay use until early adulthood. 3. Create a well-regulated legal market and minimize involvement of organized crime. 4. Develop or maintain strong federal responsibility for regulation and enforcement. 5. Seek national or regional consistency.
Consultations October 6 th online survey on age distribution public consumption impaired driving Concluded October 27 th Week of October 16 th - 4 consultations with Municipalities done regionally Week of October 23-5 regional consultations with stakeholders Awaiting what we heard 31, 031 online surveys Nearly half within the first day 80 plus percent first week 194 individuals representing 52 organizations 20 organizational written submissions 14
Concerns Challenging timeline and resources Costs Emphasis on enforcement issues C-46 General enforcement 15
Status of PT concerns COF July 2017 - Premiers noted the federal government, as the government advancing this policy change, needs to invest the appropriate resources to support cannabis legalization as it will have significant costs for provincial and territorial governments related to distribution, regulation, public education and law enforcement efforts to support the legislation. Premiers recognized the challenges associated with the federal governments implementation date of July 2018 and to manage this transition period Premiers reiterated the need for federal engagement and information sharing in order to manage this transition properly. Issues that need to be resolved include: Road safety and enforcement mechanisms Preparation and training for distribution network Taxation arrangements and cost coverage Public education campaigns Supply, demand and relationship to the illegal market Premiers concluded by saying they will expect a report from the Working Group in November and that they are concerned the federal timeline may be unrealistic, given the issues listed above. If these outstanding issues are not properly addressed by the federal government, provinces and territories will require an extension of the implementation date. 16
Federal funding announcement Announcement by Public Safety Canada September 8 th Today the Government of Canada announced up to $274 million to support law enforcement and border efforts to detect and deter drug-impaired driving and enforce the proposed cannabis legalization and regulation. Subject to Parliamentary approval and Royal Assent, these investments will support the Government s commitment to provide regulated and restricted access to cannabis no later than July 2018. To support the proposed Bill C-46, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts, the Government has committed up to $161 million for training frontline officers in how to recognize the signs and symptoms of drug-impaired driving, building law enforcement capacity across the country, providing access to drug screening devices, developing policy, bolstering research, and raising public awareness about the dangers of drug-impaired driving. Of the $161 million, provinces and territories will be able to access up to $81 million over the next five years for new law enforcement training, and to build capacity to enforce new and stronger laws related to drug-impaired driving. Public Safety Canada is already engaged with provinces and territories to identify current law enforcement capacity which will inform how federal funding will be distributed. To support the proposed Bill C-45, Cannabis Act, the Government has committed up to $113.5 million in federal funding over the next five years to Public Safety Canada, the Royal Canadian Mounted Police (RCMP) and the Canada Border Services Agency (CBSA) to develop policy, ensure organized crime does not infiltrate the legalized system and keep cannabis from crossing our borders. 17
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Next Steps What we heard Decisions on Distribution model Policy issues Funding discussions with Public Safety Canada 19