The idea that marijuana is legal in this country is one of the persistent myths about this substance. In fact, marijuana is still illegal and is listed in Schedule 2 of the federal Controlled Drugs and Substances Act. This means that unless you have authorization to use medical marijuana, you cannot possess, sell or produce marijuana without risking a criminal penalty. In fact, under 2012 revisions to the law, you could receive a mandatory minimum prison sentence for growing just six plants if any of a number of “aggravating factors” are present (such as being near a school or having children at the same place as the plants).
Another persistent myth is that police don’t bother to enforce cannabis laws especially possession. It’s true that some police forces have de-prioritized enforcement of possession, but certainly not all.
According to Statistics Canada, in 2012, there were 57,429 police reported incidents of cannabis possession. This number represents police resources that could be better spent elsewhere and this number also represents a ridiculous incursion on the civil liberties of far too many Canadians.
Prohibition of cannabis seems even more regressive when we consider that legal recreational marijuana will soon be available in the U.S. states of Colorado and Washington. In the aftermath of successful 2012 ballot initiative campaigns, both states have released draft regulations to govern the production and sale of recreational cannabis. Changes in these U.S. states were a hot topic at the recent International Drug Policy Reform conference in Denver where speakers from Colorado and Washington outlined the rules for “tightly controlled” markets for recreational cannabis.
Both models of regulation draw on experience with regulating alcohol, although regulations for recreational cannabis will be far more stringent. Both states require numerous controls including age limits, packaging information, and closely controlled documenting of wholesale and retail sales of cannabis to recreational users. Some of the proceeds of taxation will be directed to public health and educational goals.
In Colorado the legalization of cannabis builds on a successful model of medical cannabis developed in that state over a number of years. In fact, during the three-day conference I had an opportunity to visit two medical cannabis dispensaries and an industrial size cannabis garden. Good Medicine and River Rock Medical Cannabis are just two of the companies in Denver that offer patients an array of medical cannabis products ranging from raw plant materials, to oils, and edibles in a myriad of forms. Lessons learned from these operations will be transferred to recreational cannabis when it becomes available for sale on January 1, 2014.
What’s remarkable about the changes taking place in these two states is that they employ full legal regulation, not the models of decriminalization already in operation in other parts of the world. Decriminalization involves reducing or eliminating penalties for possession while still keeping production and sales illegal. Though an important step in the right direction, decriminalization still leaves cannabis in an unregulated market of producers and sellers.
It was clear from visiting the two medical cannabis dispensaries that legalization makes this substance available in a variety of well-labeled forms and gives consumers the option to choose organic products. Security cameras that feed back to state regulators in real-time, monitor the dispensaries and the gardens. The people working in these operations are clearly knowledgeable and professional in the care they take with their products and their customers. Not only does this model work for consumers, but it also provides badly needed jobs.
The scientific evidence suggests that cannabis has a smaller public health impact than alcohol. It seems that the real crime is staying a course that actually makes us less safe and less healthy because right now, marijuana is only available in Canada in an unregulated market. So what’s holding us back in this country? Maybe it’s that drugs are still politically expedient and some politicians don’t seem to have any qualms about using fears about drugs to get votes. At the Canadian Drug Policy Coalition we think it’s time for change and it’s time to challenge regressive and uninformed policies on cannabis. What do you think?
