Question Period Note: Cannabis

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• Since 2018, the Government has implemented a robust public health approach to keeping cannabis out of the hands of youth and ensuring adults have access to a quality-controlled and regulated supply, while reducing the illicit market.
• Since legalization, youth consumption patterns have not changed significantly, and more and more Canadians who consume cannabis are purchasing from legal retailers.
• Health Canada has launched an independent review of the legislation to examine the progress made towards achieving the Act's objectives, and identify priority areas for improvement. An Expert Panel will lead this credible and inclusive review.

IF PRESSED ON THE LEGISLATIVE REVIEW OF THE CANNABIS ACT
• The Act requires a legislative review to start three years after coming into force, and a report to be tabled in both Houses of Parliament within 18 months after the review begins.
• On September 22 Minister Duclos and I launched an independent legislative review, which will assess the progress made towards achieving the Act’s objectives.
• The review will focus particularly on the health and cannabis consumption habits of young persons, the impact of cannabis on Indigenous persons and communities, and the impact of the cultivation of cannabis plants in a housing context.

IF PRESSED ON INCLUDING THE MEDICAL ACCESS REGIME IN THE REVIEW
• The Government actively monitors the medical access program and has committed to evaluate the framework within 5 years of the coming into force of the Cannabis Act.
• There has been significant stakeholder interest in the access to cannabis for medical purposes framework and this legislative review presents an opportunity to hear the views and perspectives of these stakeholders.

IF PRESSED ON THE MEDICAL ACCESS FRAMEWORK
• Our Government is committed to ensuring reasonable access to cannabis for medical purposes for individuals who have the support of their health care practitioner.
• Health Canada is committed to actively monitoring and evaluating patients’ reasonable access to cannabis for medical purposes.
• Health Canada is working to reduce the potential for abuse of the medical access framework together with the provincial and territorial regulators of health care professionals, law enforcement and municipalities.

IF PRESSED ON COMPLAINTS REGARDING PERSONAL PRODUCTION WITH A HEALTH CANADA AUTHORIZATION
• Health Canada continues to take action to strengthen oversight and reduce the risk of abuse
• Under the Cannabis Regulations, Health Canada may refuse or revoke a registration on public health or public safety grounds, including the risk of cannabis being diverted to an illicit market or activity.
• As of September 30, 2022, Health Canada has refused or revoked over 1,400 registrations, including over 700 for reasons of public health and public safety.
• The Department continues to work with partners to inform them of the actions being taken and to achieve joint goals of reducing misuse of the program.

IF PRESSED ON THE RISE IN PEDIATRIC CANNABIS POISONINGS
• Health Canada continues to have concerns about the potential harms to children who accidentally consume cannabis.
• This is why, in December 2022, the department issued a public advisory to help raise awareness of this ongoing issue. The advisory, which was updated in April 2022, provided guidance on how to properly store cannabis and tips for recognising legally sourced cannabis.
• Health Canada continues to educate Canadians through public education campaigns, to encourage adults to store all cannabis securely and out of reach of children and youth. The department also continuously monitors public awareness and reports of adverse reactions to cannabis and cannabis products.
• The department will continue to monitor this issue closely and will continue to educate the public and Canadian parents about ways to help avoid pediatric cannabis poisonings.

Cannabis

On October 17, 2018, the Cannabis Act came into force, legalizing, strictly regulating and restricting access to cannabis in Canada. The Act implements a new comprehensive public health approach that will be more effective in protecting youth and keeping profits out of the pockets of criminals and organized crime.

The Cannabis Act creates a legal and regulatory framework for controlling the production, distribution, sale and possession of cannabis in Canada. This framework was informed by the recommendations of the Task Force on Cannabis Legalization and Regulation.

The Act restricts youth access to cannabis; prohibits promotions that are designed to encourage youth to use cannabis; imposes serious criminal penalties on people who break the law, especially those who import or export cannabis illegally, or provide cannabis to youth; establishes strict product safety and quality requirements; reduces the burden on the criminal justice system; provides for the legal production of cannabis; allows adults to possess and access regulated, quality-controlled, legal cannabis; and, enhances public awareness of the health risks associated with cannabis.

Implementation is a shared responsibility between the federal, provincial and territorial governments. Subject to provincial or territorial restrictions, adults may legally: purchase limited amounts of fresh cannabis, dried cannabis, cannabis oil, cannabis seeds, or cannabis plants from retailers authorized by the provinces and territories; possess up to 30 grams of dried legal cannabis or equivalent in non-dried form in public; consume cannabis in locations authorized by local jurisdictions; grow up to four cannabis plants per household (not per person) for personal use, from licensed seeds or seedlings from licensed suppliers; share up to 30 grams of dried cannabis or equivalent with other adults; and, make legal cannabis-containing products at home, such as food and drinks, provided that dangerous organic solvents are not used in making them.

Possession, production, distribution and sale outside the legal system remains illegal and subject to criminal penalties proportionate to the seriousness of the offence, ranging from ticketing up to a maximum penalty of 14 years’ imprisonment.

To further protect youth, the Cannabis Act prohibits anyone from selling or providing cannabis to any person under the age of 18 years. The Cannabis Act creates two new criminal offences, with maximum penalties of 14 years in jail for: giving or selling cannabis to youth; and, using a youth to commit a cannabis-related offence.

To prevent youth from using cannabis, the Cannabis Act also prohibits: products, promotions, packaging and labelling that are appealing to youth; the sale of cannabis through self-service displays or vending machines; promotion of cannabis, except in narrow circumstances where the promotion could not be seen by a young person; and, false, misleading or deceptive advertising, sponsorships, testimonials and endorsements or other forms of promotion that could entice young people to use cannabis.

Driving while impaired by cannabis, or any other drug, is illegal. Law enforcement officers are trained to detect and deter drug-impaired drivers using Standardized Field Sobriety Testing and Drug Recognition Experts.

Border rules have not changed. Taking cannabis, or any product containing cannabis, across Canada’s international borders, whether you are leaving or entering Canada, remains illegal and can result in serious criminal penalties both at home and abroad. Cannabis is illegal in most countries. Previous use of cannabis, or any substance prohibited by local law, could result in a traveller being denied entry to his or her destination country.

Legislative Review

The Cannabis Act requires that the Minister initiate a review of the Act and its administration three years following the coming into force of the Act (i.e., after October 17, 2021), and that a report of the review’s findings be tabled before both Houses of Parliament within 18 months of the start of the review.

The Cannabis Act further stipulates that the review must include an assessment of the impact of the Cannabis Act on public health and, in particular, on: the health and consumption habits of young persons in respect of cannabis use; Indigenous persons and communities; and, the cultivation of cannabis plants in a dwelling-house.

On September 22, 2022, the Minister of Health and the Minister of Mental Health and Addictions launched the legislative review of the Act. An Expert Panel, chaired by Morris Rosenberg, will lead the review, and a report including findings or recommendations resulting from the review will be tabled in both Houses of Parliament within 18 months.

On September 22, 2022, an online engagement process to gather perspectives from the public, stakeholders and Indigenous groups on the cannabis framework was launched. The results will inform the Panel’s work.

The Government of Canada has made progress toward the implementation of the cannabis framework by putting in place measures aimed at protecting children and youth from accessing cannabis; establishing a strictly regulated, legal supply chain for cannabis, and by making significant investments in public education, awareness, research, monitoring and surveillance efforts.

The review provides an initial and early opportunity to assess progress towards achieving the objectives of the Act, and to help ensure that the legislation is meeting the needs and expectations of Canadians through a credible, evidence-driven review process.

Medical Access Framework

Medical Regime

Health Canada administers the medical access program under the Cannabis Act and the Cannabis Regulations.

As of August 31, 2022, there were more than 233,000 patients registered with federally licensed sellers (Note: these are not always unique individuals as individuals may be registered with more than one licensed seller, provided an original medical document was used with each registration).
As of September 2022, there were more than 21,000 individuals registered with Health Canada for personal and designated production of cannabis for their own medical purposes.

Licensed cannabis producers must pay a federal excise duty when they package cannabis products, including those sold to patients for medical purposes. Federal policies related to excise duties on cannabis fall under the purview of the Minister of Finance.

Authorizations for personal or designated production

Canadians who have been authorized by their health care practitioner can access cannabis for medical purposes by producing cannabis or by designating someone to produce it for them.

Personal and designated production are subject to regulatory requirements, which are designed to ensure that cannabis is consumed only with the approval and under the supervision of an authorized health care practitioner.
Health Canada reviews all applications for personal or designated production to ensure that the regulatory requirements are met. Health Canada also confirms that the health care practitioner is authorized by—and in good standing with—the relevant provincial or territorial regulatory health authority, and that the medical document is an original that has not been altered or falsified.

Once a registration certificate is issued, the personal or designated producer may not produce in excess of the maximum limits outlined in a registration certificate, and may not sell cannabis to any person. Selling cannabis without authorization is a criminal offence.

A maximum of four registrations are permitted per production site. Only the individuals authorized to produce cannabis for their own medical purposes, or the person designated to produce it for them, can tend to the plants.

Health Canada appreciates that, as in any regulatory framework, there will be instances where individuals choose to operate outside of the law. Health Canada supports law enforcement representatives on a daily basis by providing a dedicated service 24 hours a day and seven days a week to confirm, when necessary, that specific individuals are authorized to produce cannabis for medical purposes.

Health Canada has the ability to inspect a production site if it is not the registrant’s home to ensure it is abiding by the terms set out in the individual’s registration certificate.

Health Products Containing Cannabis

Within this cannabis legislative framework, two prescription drugs containing cannabis and one synthetic cannabinoid have been approved for sale. Sativex contains tetrahydrocannabinol (THC) and cannabidiol (CBD), and Marinol contains THC. Sativex is available to Canadian patients, but Marinol was voluntarily withdrawn from the market by its manufacturer in 2012.

Health Canada currently has a submission under review for a drug containing THC (dronabinol).

Drugs containing the synthetic cannabinoid nabilone have also been approved. Nabilone, a synthetic cannabinoid which does not exist in nature, is not captured by the definition of cannabis in the Cannabis Act, and remains scheduled under the CDSA as a narcotic.

There are currently no authorized veterinary drugs containing cannabis.

Non-Therapeutic Research with Cannabis

Since the Cannabis Act and its regulations first came into force, stakeholders have indicated that the clinical trial framework has resulted in challenges in conducting non-therapeutic research on cannabis. Currently, most non-therapeutic research on cannabis involving human participants is considered a “clinical trial” under the Food and Drug Regulations. Many researchers have had difficulty securing authorization under the Food and Drug Regulations using legal, regulated cannabis products available for purchase by adult consumers. These difficulties have led to missed opportunities to advance the knowledge and evidence base about cannabis, including its effects and uses in a non-therapeutic context.

Health Canada is proposing to create a new framework under the Cannabis Regulations to facilitate research on cannabis in humans for non-medical purposes to increase the knowledge about cannabis and the risks of using cannabis products and to reduce the regulatory burden on stakeholders. The proposed amendments would facilitate such research by solely regulating them under a cannabis research licence issued under the Cannabis Regulations.

Research with cannabis for therapeutic purposes will continue to be regulated under the clinical trial framework under the Food and Drugs Regulations will continue to be conducted with the same level of rigour and concern for patient safety.

President Biden Pardoning all Federal Offenses of Simple Cannabis Possession

On October 6, 2022, U.S. President Biden announced that he is pardoning all prior federal offenses of simple cannabis possession, and called on state Governors to do the same at the state level. This does not apply to charges for trafficking.

The White House estimates that 6,500 people with prior federal convictions and thousands of such convictions under Washington, DC law could benefit from this relief.

This decision does not legalize or decriminalize cannabis in the US, but it does represent a shift away from the War on Drugs approach to cannabis at the federal level.

In the U.S., cannabis is currently a Schedule 1 drug, the same schedule as heroin, fentanyl and other dangerous narcotics. The review by the FDA could take years and reclassification of cannabis is not guaranteed.

On August 1, 2019, Bill C-93, An Act to provide a no-cost expedited record suspension process for simple possession of cannabis, which received royal assent on June 21, 2019, came into force. The Act modifies the Criminal Records Act to waive record suspension application wait periods and application fees for those convicted only of simple possession of cannabis. The Act creates an administrative review process where the application is considered by a Parole Board of Canada (PBC) staff member as opposed to a discretionary review by PBC Board Members. The record suspension will be ordered so long as the individual can show that their only convictions are for simple possession of cannabis.

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