First and foremost, MARIJUANA IS NOT LEGAL IN CANADA! Or is it? Well, cannabis users are being busted every day, to the tune of 60,000 marijuana related charges per year. Surprised? So many people are... Everyone's so confused about the situation here, after having heard about "decriminalization" bills proposed by our government, court cases declaring the law unconstitutional and invalid, a mine full of government grown and owned plants and buds, and long periods of time where the police were admittedly unable to enforce the marijuana possession laws and courts were obliged to throw out cannabis charges. No wonder everyone's confused. The courts have even been dismissing charges simply because the laws are in such a state of chaos and confusion. Truth is, we actually may not have enforceable cannabis possession laws right now, but nobody really knows until sometime in the future when court cases further challenge their constitutionality. We're waiting for our government to revive and resume debate about Bill C38 or it's successor, and again I must warn everyone - THE "DECRIM" BILL IS NOT WHAT YOU'VE BEEN TOLD IT IS (except when our Justice Minister responded to US threats with the truth - That the bill toughens our laws and leads us closer to the fatally flawed and much-maligned prison- and police-state war-zone situation enjoyed down south). Further, MARIJUANA IS NOT LEGAL OR AVAILABLE FOR MEDICINAL USERS. You may have been told that it is, over and over, but the fact is that doctors are not signing the forms, and the marijuana grown by our government is unsafe, unappealing, relatively ineffective, and entirely unacceptable. Therefore sick Canadians are still being unconscionably prevented from receiving exemption from our ass-backward laws (except for those very lucky few who are able to jump through Health Canada's near-impossible hoops), and from accessing a safe supply (except for those who are willing and able to get to one of our nation's many unlicensed and legally unprotected compassion centres). This situation is so sadly and unbelievably ludicrous, preventable, and unjustifiable. It truly is high time for serious change.
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What's Wrong With Bill C10/C38?
Click here to read our critique of the often proposed federal 'decriminalization' billBack to the Top
Canadian Marijuana Law Timeline
A Chronology of Canadian Cannabis law.Please consult our News Archives for more info and details.
I'll let some excerpts from newspaper and magazine articles that can be found in our archives tell part of the story:
1911-1923
As reported in the Vancouver Sun, February 28 2001;
The possession and use of marijuana became illegal in Canada in 1923 when the federal cabinet added it to the schedule under the Opium and Drug Act of 1911. This was largely as a result of the climate of "irrational fear" whipped up by the writings of crusading Edmonton magistrate Emily Murphy. Her writings were primarily based on misinformation from U.S. chiefs of police and were written under the name of Janey Canuck and serialized in MacLeans magazine.
1923-1932
As reported in the Toronto Star, May 16, 1999 (by our beloved friend and savior Barbara Turnbull);
Cannabis for recreational use became illegal in 1923, although it could be prescribed as a medicine until 1932, when prohibition of it became complete.
Many attribute the ban to the pharmaceutical companies, which began to wield great power and influence at that time. They theorize marijuana was too much competition for manufactured drugs.
Since that time, marijuana has been ``demonized,'' says noted scientist David Suzuki.
``It's obviously a very beneficial, useful drug,'' he told me last week. The evidence of its therapeutic value is ``indisputable.''
1972
Millions of dollars and years of research on a Royal Commission of Inquiry finds enormous faults in, and recommends a serious overhaul of, our cannabis prohibition. The Ledain Commission Report (external link to druglibrary.org).
1997
As reported in HOUR Magazine, April 2 1998;
In December a Toronto judge ruled that Terry Parker, an epileptic, had a clear constitutional right to possess and grow cannabis to help control his seizures. The judge ordered Parker's confiscated pot plants be returned to him but police claim they were "probably destroyed."
Emboldened by these recent court decisions and public-opinion polls following the Ross Rebagliati-Olympics fiasco, Canadian cannabis advocates are now flexing their political and constitutional muscles.
Toronto AIDS sufferer Jim Wakeford is suing the federal government to provide him with marijuana. Wakeford argues that outlawing the pot needed to fight the nausea caused by the disease and by the 40 prescription pills he takes daily is a violation of his Charter rights. And in Regina, multiple sclerosis sufferer Grant Krieger is fighting a similar battle for his legal supply of marijuana.
The fight is also being waged on other fronts. In Vancouver, a compassion club providing free marijuana to the sick and needy has become an accepted part of the local landscape. The Toronto-based Medical Marijuana Resource Centre Centre recently announced formation of several such clubs throughout Southern Ontario ( membership is restricted to those able to prove they have serious or terminal diseases ). Medical marijuana clubs are also planned for Montreal and Quebec City later this year.
As reported in NOW Magazine, March 18 1999;
Its use in Canada thus remains strictly verboten under the Controlled Drugs And Substances Act, which prescribes six months in prison and a $1,000 fine for those caught taking a whiff to ease their aches and pains. This despite December's ruling by Ontario judge Patrick Sheppard in favour of Toronto's Terry Parker, an epileptic.
Benedikt Fischer, a scientist with the Addiction Research Foundation ( ARF ), now part of the Centre for Addiction and Mental Health, is surprised that Rock's announcement hasn't addressed the "legal circumstances and regulation currently governing -- or not clearly governing at all -- the issue of medicinal marijuana use."
1999
As reported in the Calgary Herald, October 6 1999;
Ottawa -- Another 14 Canadians are free to smoke marijuana for medicinal purposes today even as the government takes an epileptic to court for suppressing his seizures with therapeutic pot.
2000
As reported in the National Post, September 25 2000;
OTTAWA - A government-controlled supply of marijuana will be grown and federal regulations governing medicinal use will be made into law within a year, according to Allan Rock, the Minister of Health.
"The day may come when marijuana is available on pharmacists' shelves," predicted Mr. Rock in an interview.
As reported in the Halifax Daily News, December 12 2000;
CALGARY ( CP ) - A law that prohibits the cultivation of marijuana is unconstitutional because it doesn't allow for medical use of the drug, an Alberta judge ruled yesterday.
Justice Darlene Acton threw out a charge of cultivating marijuana against Grant Krieger, who grows and ingests pot to alleviate the symptoms of his multiple sclerosis.
2001
As reported in the Vancouver Sun, February 28 2001;
On July 31st last year, the Ontario Court of Appeal, in a case involving Terry Parker, ruled that our marijuana laws are unconstitutional to the extent that they did not provide for access by medical patients requiring cannabis for their health or at least if there health is threatened in a serious way. The court also ruled that the existing exemption process was unconstitutional because it gave the minister of health an absolute discretion to grant or withhold such an exemption from the law without any criteria for so doing.
The court gave the federal government until July 31st of this year to remedy the situation.
Ottawa did not appeal this decision and is currently developing a new regulatory approach for the use of marijuana for medical purposes.
The Terry Parker (Epileptic) case, whose lower court decision was upheld in July 2000 at the Ontario Court of Appeal found S.4 of the CDSA (Controlled Drugs and Substances Act) (the simple possession section), as it applies to Cannabis, unconstitutional for not providing appropriate medicinal access as s.56 was deemed insufficient (discretion of the minister, etc.). Government was given a suspension of the decision for 1 year to give them an opportunity to rectify the situation and keep s.4 re:marijuana valid. The judge also specifically stated that had the cultivation charge been in front of him he would have struck that down as well.
July 2001, Marihuana Medical Access Regulations (MMAR) is announced BUT CDSA S.4 IS NOT REENACTED IN PARLIAMENT, a necessary step to keep the law alive? - (See J.P. case, below)
As reported in the National Post, August 8 2001;
Last week, Ottawa also signed on, though with some fairly rigorous limits. The federal government said patients who have a year or less to live or have certain debilitating conditions (among them arthritis, epilepsy and multiple sclerosis) can legally grow and smoke their own marijuana. A government pot crop is flourishing in a mine in Flin Flon, Man., and the first harvest will be distributed in the new year.
As reported in the Toronto Star, August 31 2001;
Police have practically given up trying to arrest pot smokers and are focusing on the organized criminals who profit from drugs, the head of the Canadian Police Association said today.
"In real terms, the police in this country don't spend resources or time or energy focused on the individual who has one or two joints in his pocket," association president Grant Obst said in an interview.
Possession of small quantities "has already been decriminalized" because it was changed to a summary offence four years ago under the Controlled Drug and Substances Act, Obst said.
Small-time pot smokers don't have their fingerprints taken and don't have official criminal records anymore, said Obst, a vice officer in Saskatoon.
As reported in the Globe and Mail, November 21 2001;
OTTAWA -- Retired lawyer Rick Reimer believes he puffed his way to a pot-smoking landmark this weekend when jail guards allowed him to legally smoke marijuana in detention.
As reported in the Globe and Mail, December 01 2001;
... Bill C-344, sponsored by Canadian Alliance MP Keith Martin ( a most interesting man, a former corrections officer and emergency room physician ) would replace criminal penalties for personal use with civil fines. More than 200 MPs have expressed support, as have the Canadian Association of Police Chiefs, the Canadian Medical Association, the Canadian Council of Churches and, depending on who's doing the polling, anywhere from 47 to 74 percent of the Canadian public. The federal government is currently growing its own stone in a Manitoba mineshaft; a Ministry of Medical Marijuana seems inevitable.
It's in the air. Italy and Spain already handle cannabis possession with fines. This summer, Portugal startled Europe by decriminalizing personal amounts of any drug. A month later, Britain declared its intention to decriminalize pot, and is currently going forward despite some resistance.
Eleven states have already legalized medical marijuana in defiance of the U.S. government. And there's Holland...
2002
Canadian Senate Report, led by Progressive Conservative Senator Pierre Claude Nolin recommends extreme liberalization of our drug laws.
2002-2003
Hitzig v. Canada (Warren Saul Hitzig, Toronto Compassion Centre co-founder/director, Alison Myrden, Stephen Vandekemp, Catherine Devries, MaryLynne Chamney, Jari Dvorak, Marco Renda, Deborah Anne Stultz-Giffin with lawyers Alan Young, Paul Burstein, Leora Shemesh) civil case applicants win in lower and middle (combined with Parker and Marc Paquette cases) Ontario courts (Superior court acting as court of appeal on Jan 9 2003) with Lederman deciding that the illusion of supply and forcing people to the black market is unconstitutional. MMAR declared unconstitutional but Canadian government allowed a 6 month suspension to fix supply to save them.
July 5 2002, Phil Lucas / Vancouver Island Compassion Society (VICS) decision involves a complete dismissal of all charges and statements of high praise by the judge, of Mr. Lucas' clear commitment and the benefit of his illegal actions to society.
December 2002, Marc-Boris St. Maurice and Hugo St. Onge of the Montreal Compassion Club have their trafficking charges stayed, and immediately start www.marijuanahomedelivery.ca, a medical marijuana home delivery service requiring a notarized statement of illness by the membership applicant, rather than any doctor's involvement.
2003
J.P. criminal case (with lawyer Brian McAllister) on January 2 2003 and then upheld in middle court in May (judge Rogin) finds that, as mentioned above, since the simple possession section was never reenacted, the law did in fact die, for all of Canada (but precedent setting only in Ontario of course and being appealed to Ont court of appeal), and that offences regarding the simple possession of marijuana simply do not exist any more.
May 2003, Canada's Department Of Justice announces a pathetic RE-criminalization bill which is cut apart from all angles (see comments below).
June 2003, judges in P.E.I., Nova Scotia and elsewhere rely upon Rogin to dismiss and/or stay charges and police across Ontario and beyond declare they will not lay simple possession charges. MARIJUANA POSSESSION IS OFFICIALLY LEGAL. Some judges (BC, ?) disagree with Rogin and feel that possession is still valid in their provinces, others even in the same provinces don't.
July 8 2003, Health Canada announces distribution of Flin-flon after the civil cases force their hand, with a scheme that is obviously rushed, ill-conceived and doomed to failure.
July 29th and 30th, the combined Hitzig case (with many 'Hitzig' applicants and Parker and Paquette and others all together)... Decision came down on October 7 and we won again - some restrictive parts of the MMAR eligibility and supply sections are struck down, effective immediately this time, and compassion centres are vindicated because the government has used the existence of such "unlicensed suppliers" to defend and support their system. But the OCA perhaps oversteps its bounds in its remedy and claim of reenactment of S4 of the CDSA.
December 2003, Health Canada announces that it will conform to only 2 of the 4 demands included in the OCA Hitzig decision. The decision clearly stated that the remedies were effective immediately, but our leaders continue to abuse and play games with the system and the lives of ill Canucks.
2003/12/23 We were all let down by our Supreme Court when only 3 of the 9 justices were able to grasp the stupidity of the situation. The Clay/Caine/Malmo-Levine case arguied the unconstitutionality of prohibition of recreational cannabis use and sale. The SCC decision included very powerful positive statements by the dissenting justices amidst all of the ignorant bullshit from the others.
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Our Drug Laws
The following is a list of relevant regulatory documents.Benzodiazeines and Other Targeted Substances Regulations (1091)
Controlled Drugs and Substances Act sec 462.2 (Paraphernalia)
Controlled Drugs and Substances Act
Controlled Drugs and Substances Act (Police Enforcement) Regulations
Food and Drug Act and Regulations (much of which was replaced by Controlled Drugs and Substances Act)
Industrial Hemp Regulations
Marihuana Medical Access Regulations (MMAR)
Narcotic Control Regulations
Qualifications for Designations as Analysts Regulations
Regulations Exempting Certain Precursors and Controlled Substances from the Application of the Controlled Drugs and Substances Act
Health Canada's Therapeutic Products Programme's Therapeutic Products Compliance Guide
Ontario Municipal Act
Toronto Municipal Code
Smoke Free Ontario Act
Liquor Licensing as it relates to Cannabis-Friendliness
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Regarding the sale of drug "paraphernalia,"
Section 462.2 of the Canadian Criminal Code reads as follows:
Anyone who knowingly imports into Canada, Exports from Canada, manufactures, promotes or sells instruments for illicit drug use is guilty of an offence and is liable on summary conviction
a) for a first offence, to a fine not exceeding one hundred thousand dollars or to imprisonments for a term not exceeding one year or both.
THC Interpretation: Nothing we sell here is a “drug” (see Therapeutic Products Programme info below), or is intended for “illicit drug use.” The key word in section 462.2 is “knowingly.” It has been made clear by recent arrests and by our discussions with local police that they have to uphold the laws as they are stated. Obviously, what this means for us is that we can't knowingly import, export, manufacture, promote or sell anything for illicit drug use, or even represent any of our products as legal “drugs” (see Therapeutic Products Programme info below). Undercover police officers do visit our store occasionally to see what we're up to. Health Canada has come through here and confiscated herbal ecstasy-type products, issuing us a warning. Stores and their employees have been busted after being visited by an officer asking for such things as a "scale to weigh my crack." We are forced to act with the assumption that any person asking for a product specifically for illegal use is a huge potential risk. If someone mentions illicit drug use, they can’t buy anything from us unless they certify that anything they buy from us is being purchased for legal use. We make sure to maintain an environment in which there is no reason that we couldn’t fairly say that we didn’t have reason to assume any product sold by us was going to be used illegally.
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Here are some selected excerpts from the CDSA (warning: check with the Canadian Department of Justice for straight-from-the-source, as-updated-as-possible information):
The Controlled Drugs And Substances Act, 1996, c. 19
An Act respecting the control of certain drugs, their precursors and other substances and to amend certain other Acts and repeal the Narcotic Control Act in consequence thereof:...
Section 2 (Interpretation)
"produce" means, in respect of a substance included in any of Schedules I to IV, to obtain the substance by any method or process including
(a) manufacturing, synthesizing or using any means of altering the chemical or physical properties of the substance, or
(b) cultivating, propagating or harvesting the substance or any living thing from which the substance may be extracted or otherwise obtained,
and includes offer to produce;
"provide" means to give, transfer or otherwise make available in any manner, whether directly or indirectly and whether or not for consideration;
"sell" includes offer for sale, expose for sale, have in possession for sale and distribute, whether or not the distribution is made for consideration;
"traffic" means, in respect of a substance included in any of Schedules I to IV,
(a) to sell, administer, give, transfer, transport, send or deliver the substance,
(b) to sell an authorization to obtain the substance, or
(c) to offer to do anything mentioned in paragraph (a) or (b),
otherwise than under the authority of the regulations.
(2) For the purposes of this Act,
(a) a reference to a controlled substance includes a reference to any substance that contains a controlled substance; and
(b) a reference to a controlled substance includes a reference to
(i) all synthetic and natural forms of the substance, and
(ii) any thing that contains or has on it a controlled substance and that is used or intended or designed for use
(A) in producing the substance, or
(B) in introducing the substance into a human body...
Section 4.
(1) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III...
(4) Subject to subsection (5), every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule II
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years less a day; or
(b) is guilty of an offence punishable on summary conviction and liable
(i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and
(ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.
(5) Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule II in an amount that does not exceed the amount set out for that substance in Schedule VIII is guilty of an offence punishable on summary conviction and liable to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both...
(8) For the purposes of subsection (5) and Schedule VIII, the amount of the substance means the entire amount of any mixture or substance, or the whole of any plant, that contains a detectable amount of the substance.
Section 5.
(1) No person shall traffic in a substance included in Schedule I, II, III or IV or in any substance represented or held out by that person to be such a substance.
(2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III or IV.
(3) Every person who contravenes subsection (1) or (2)
(a) subject to subsection (4), where the subject-matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life;
(4) Every person who contravenes subsection (1) or (2), where the subject-matter of the offence is a substance included in Schedule II in an amount that does not exceed the amount set out for that substance in Schedule VII, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years less a day...
Section 6.
(1) Except as authorized under the regulations, no person shall import into Canada or export from Canada a substance included in Schedule I, II, III, IV, V or VI...
Section 7.
(1) Except as authorized under the regulations, no person shall produce a substance included in Schedule I, II, III or IV.
(2) Every person who contravenes subsection (1)
(a) where the subject-matter of the offence is a substance included in Schedule I or II, other than cannabis (marihuana), is guilty of an indictable offence and liable to imprisonment for life;
(b) where the subject-matter of the offence is cannabis (marihuana), is guilty of an indictable offence and liable to imprisonment for a term not exceeding seven years;...
Section 8.
(1) No person shall possess any property or any proceeds of any property knowing that all or part of the property or proceeds was obtained or derived directly or indirectly as a result of
(a) the commission in Canada of an offence under this Part except subsection 4(1) and this subsection;...
Section 56.
The Minister may, on such terms and conditions as the Minister deems necessary, exempt any person or class of persons or any controlled substance or precursor or any class thereof from the application of all or any of the provisions of this Act or the regulations if, in the opinion of the Minister, the exemption is necessary for a medical or scientific purpose or is otherwise in the public interest.
Section 58.
In the case of any inconsistency or conflict between this Act or the regulations made under it, and the Food and Drugs Act or the regulations made under that Act, this Act and the regulations made under it prevail to the extent of the inconsistency or conflict.
SCHEDULE I
1. Opium Poppy (Papaver somniferum), its preparations, derivatives, alkaloids and salts, including... (1) Opium...
But not including:... (32)... (37) Poppy seed
2. Coca (Erythroxylon), its preparations, derivatives, alkaloids and salts, including:...
SCHEDULE II
1. Cannabis, its preparations, derivatives and similar synthetic preparations, including:
(1) Cannabis resin
(2) Cannabis (marihuana)
(3) C a n n a b i d i o l ( 2 – [ 3 – m e t h y l – 6 – ( 1 – m e t h y l e t h e n y l ) - –2–cyclohexen–1–yl]–5–pentyl–1,3–benzenediol)
(4) Cannabinol(3–n–amyl–6,6,9–trimethyl–6–diben- zopyran–1–ol)
(5) Nabilone((±)–trans–3–(1,1–dimethylheptyl)-–6,6a,7,8,10,10a–hexahydro– 1–hydroxy–6,6–dime- thyl–9H–dibenzo[b,d]pyran–9–one)
(6) P y r a h e x y l ( 3 – n – h e x y l – 6 , 6 , 9 – t r i m e t h y l – 7 , 8 , 9 , 1 0 - –tetrahydro–6–dibenzopyran–1–ol)
(7) Tetrahydrocannabinol(tetrahydro–6,6,9–trimethyl–3–pentyl–6H–dibenzo[b ,d]pyran–1–ol)
But not including
(8) Non-viable Cannabis seed
(9) Mature Cannabis stalks that do not include leaves, flowers, seeds or branches; and fiber derived from such stalks
SCHEDULE III
1. Amphetamines, their salts, derivatives, isomers and analogues and salts of derivatives, isomers and analogues including:
2. Methylphenidate ("–phenyl–2–pyridineacetic acid methyl ester) and any salt thereof
3. Methaqualone (2–methyl–3–(2–methylphenyl)–4(3H)–quinazolinone) and any salt thereof
4. Mecloqualone (2–methyl–3–(2–chlorophenyl)–4(3H)–quinazolinone) and any salt thereof
5. Lysergic acid diethylamide (LSD) (N,N–diethyllysergamide) and any salt thereof
6. N,N–Diethyltryptamine (DET) (3–[(2–diethylamino)ethyl]indole) and any salt thereof
7. N,N–Dimethyltryptamine (DMT) (3–[(2–dimethylamino)ethyl]indole) and any salt thereof
8. N–Methyl–3–piperidyl benzilate(LBJ)(3–[(hydroxydiphenylacetyl) oxy]–1–methylpiperidine) and any salt thereof
9. Harmaline (4,9–dihydro–7–methoxy–1–methyl–3H–pyrido(3,4–b)indole) and any salt thereof
10. Harmalol (4,9–dihydro–1–methyl–3H–pyrido(3,4–b)indol–7–ol) and any salt thereof
11. Psilocin (3–[2–(dimethylamino)ethyl]–4–hydroxyindole) and any salt thereof
12. Psilocybin(3–[2–(dimethylamino)ethyl]–4–phosphoryloxyindole) and any salt thereof
13. N–(1–phenylcyclohexyl)ethylamine (PCE) and any salt thereof
14. 1–[1–(2–Thienyl) cyclohexyl]piperidine (TCP) and any salt thereof
15. 1–Phenyl–N–propylcyclohexanamine and any salt thereof
16. 1–(1–Phenylcyclohexyl)pyrrolidine and any salt thereof
17. Mescaline (3,4,5–trimethoxybenzeneethanamine) and any salt thereof,
but not peyote (lophophora)
18. 4–Methylaminorex(4,5–dihydro–4–methyl–5–phenyl–2–oxazolamine) and any salt thereof
19. Cathinone(–)–"–aminopropiophenone) and any salt thereof
20. Fenetylline(d,l–3,7–dihydro–1,3–dimethyl–7–(2–[(1–methyl–2–phenet hyl)amino]ethyl)–1H–purine–2,6–dione) and any salt thereof
21. 2–Methylamino–1–phenyl–1–propanone and any salt thereof
22. 1–[1–(Phenylmethyl)cyclohexyl]piperidine and any salt thereof
23. 1–[1–(4–Methylphenyl)cyclohexyl]piperidine and any salt thereof
24. 4-bromo-2,5-dimethoxybenzeneethanamine and any salt, isomer or salt of isomer therefor.
25. Flunitrazepam(5-(o-fluorophenyl)-1,3-dihydro-1-methyl-7-nitro-2H-1,4- benzodiazepin-2-one)
26. 4-hydroxybutanoic acid (GHB) and any salt thereof
SCHEDULE IV
1. Barbiturates, their salts and derivatives including:...
SCHEDULE V (Sections 2, 4, 6, 55 and 60)
1. Phenylpropanolamine (2--amino--1--phenyl--1--propanol) and any salt thereof
2. Propylhexedrine (1--cyclohexyl--2--methylaminopropane) and any salt thereof
3. Pyrovalerone (1--(1--pyrrolidinyl)butyl p--tolyl ketone and any salt thereof
SCHEDULE VI (Sections 2, 6, 55 and 60)
1. Benzyl methyl ketone (P2P) (1--phenyl--2--propanone)
2. Ephedrine (l--erythro--2--(methylamino)--1--phenylpropan--1--ol)
3. Ergometrine (9,10--didehydro--N--(2--hydroxy--1 --methylethyl)--6--methylergoline--8--carboxamide)
4. Ergotamine (12'--hydroxy--2'--methyl--5'--(phenylmethyl) ergotaman--3',6',18--trione)
5. Lysergic acid (9,10--didehydro--6--methylergoline--8--carboxylic acid)
6. Pseudoephedrine (d--threo--2--(methylamino)--1--phenylpropan --1--ol)
SCHEDULE VII (Sections 5 and 60)
1. Cannabis resin 3 kg
2. Cannabis (marihuana) 3 kg
SCHEDULE VIII (Sections 4 and 60)
1. Cannabis resin 1 g
2. Cannabis (marihuana) 30 g
1996, c. 19, Sch. VIII; SOR/97-230, s. 16.
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Marihuana Medical Access Regulations (MMAR)
For information about how to become a LEGAL medical marijuana user and/or grower, take a look at this page of helpful information and links to the Health Canada website
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And here's a little piece of Health Canada's Therapeutic Products Programme's Therapeutic Products Compliance Guide:
The major factors used in determining whether a product is to be considered a drug are: the pharmacological activity of the ingredients; the purpose for which the product is intended; and the representations made regarding its use, including directions for use. Other factors, such as precise dosage form, design features of a product (e.g. a patch delivery system which is intended as a drug by design), may be considered in the determination of a product status. For example, a product containing a substance with known pharmacological activity such as acetaminophen, will be considered a drug even in the absence of a medicinal claim. Conversely, a product represented for medicinal purposes would be considered a drug, requiring the safety and efficacy of the active substances be established. Both these products would require a valid DIN...
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And some more info from Health Canada's Natural Health Products Directorate:
Information
October 1997
Natural health remedies
What are natural health remedies?
Natural health remedies include traditional herbal medicines; traditional Chinese, Ayurvedic (East Indian) and Native North American medicine; homeopathic preparations; and vitamin and mineral supplements.
When is a product regulated as a drug?
When a product is offered for sale to treat or prevent diseases or symptoms, or when it has one of these purposes, it is regulated as a drug under the Food and Drugs Act. A product can be sold as a nonprescription medicine provided it is in compliance with the Act and its Regulations.
Any product in a form used by the consumer and which is intended for medicinal use requires a Drug Identification Number (DIN) or General Public (GP) prior to sale. The presence of drug indications on labelling or advertising materials is evidence that a product is intended for medicinal use.
In the case of unfinished products like bulk herbs, which are to be sold for further processing, different restrictions apply than for finished products. For example, the DIN requirements do not apply to raw materials.
What is the DIN and GP?
These numbers are located on the label of any drug product that has been approved for sale. It indicates that a product has undergone -- and passed -- a review of its formulation, labelling, and instructions for use.
Several hundred natural health products which fall under the “drug” category, have been authorized for sale on the Canadian market and display the DIN, or GP, issued by the Therapeutic Products Programme of Health Canada.
What is the importer's responsibility?
It is the importer's responsibility to ensure that all finished products coming into Canada comply with Canadian requirements. If an importer plans to bring something into the country, it is up to the importer to know whether or not it is a controlled, prescription, or restricted drug. Goods may be refused entry to the country if there is no evidence of a valid DIN or GP.
How are natural remedies approved as therapeutic products?
Approval of these remedies is based mostly on traditional herbal references, provided they are not known to be unsafe when used to treat minor illnesses. Some manufacturers may wish to market these products to treat more serious ailments. If so, they must provide scientific and clinical evidence to support specific indications. These products are in the minority.
Can you assume that if a natural health product has been used for centuries it is safe?
Not necessarily. For example, Belladonna, an herbal ingredient used over the centuries as a sedative and for asthma, is also referred to as Deadly Nightshade. Consuming as few as three of the black berries of this invasive garden weed can be fatal. Recently, both Stephania tetranda and Magnolia officinalis caused severe kidney damage in Belgium where these products were illegally available: the kidney damage has resulted in over 50 patients requiring either chronic dialysis or kidney transplant. Import and compliance alerts have been issued in Canada to ensure these products are not illegally imported and sold.
While these three are just examples, many reports are available in both the traditional and current literature where incorrect parts of a remedy or the incorrect use of one for an otherwise treatable disease have resulted in tragic outcomes.
Are some substances unacceptable as drugs?
Some, but not many, natural substances are not acceptable as drugs or as ingredients in drug products. If they are encountered at Customs in a form that is likely to be used for those purposes, entry will be refused. Health Canada revises its position on products presenting health hazards continuously, as additional information regarding the safety and pharmacological action of any product becomes available. Consumer safety is the bottom line. Health Canada regulations are intended to ensure that:
the sale of products and their consumption in accordance with label directions will not pose a health hazard to consumers; any measures that may be taken to protect the health of consumers will not place unnecessary restrictions on freedom of choice; and products are available as drugs are treated in that manner.
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A Fresh Start: Final Report of the ONHP Transition Team 18 3.1 What is a Natural Health Product?
The architecture of the regulatory framework is dependent on the definition of a natural health product. Such a definition will direct the proper allocation of resources to administer the regulations and establish a clear delineation of NHPs between foods, on the one hand, and pharmaceuticals on the other. This approach implies the need to coordinate policy between the agencies responsible for foods (Food Directorate), natural health products (Office of Natural Health Products) and pharmaceuticals (Therapeutic Products Programme).
The Transition Team has created the following guidance principles to serve as a definitional template for a further legal interpretation of NHPs.
a) Natural health products (NHPs) are composed of substances or combinations of substances found in nature, and energetically-potentized preparations, used for the purpose of maintaining or improving health or treating or preventing diseases/conditions.
b) NHPs include, but are not limited to, the following: homeopathic preparations; vitamins; minerals; enzymes; co-enzymes; co-factors; herbs or botanicals; naturallyoccurring animal, plant and micro-organism substances; and, a variety of molecules extracted from natural sources, such as amino acids, polysaccharides, peptides, naturally occurring hormones and biochemical intermediates, as well as naturally occurring molecules synthesized by chemical or biological means.
c) Loose herbs which have health claims, or for which there are known contraindications, should be classified as NHPs. The ONHP and Food Directorate should coordinate their policy efforts in order to ensure that herbs with known contraindications are regulated under the NHP framework.
d) It is recognized that NHPs are generally used and best managed within the context of a wellness, holistic medical paradigm that optimizes health. The use of NHPs forms part of the lifestyle, belief systems, cultural habits and traditions of individuals. Consequently, the regulatory framework should augment the individual’s freedom of choice in accessing NHPs.
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Appendix: NHPD Consultation 2001 Page 83
Appendix 1
Proposed Definition of Natural Health Products and Companion Definitions
It is proposed that natural health products be defined in regulation as:
products manufactured sold or represented for use in
(i) the diagnosis, treatment, mitigation or prevention of a disease, disorder, or abnormal physical state or its symptoms in humans;
(ii) restoring or correcting organic functions in humans, or
(iii) maintaining or promoting health or otherwise modifying organic functions in humans.
Specifically, medicinal ingredients of natural health products are those set out below, alone or in combination:
(a) a herb set out in Table 11 (to be developed),
(b) a homeopathic preparation,
(c) a substance or substances used as a traditional medicine,
including, but not limited to, a substance used as a traditional Chinese medicine, a traditional Ayurvedic medicine or a North American aboriginal medicine, and
(d) a mineral or a trace element, a vitamin, an amino acid, an essential fatty acid1 or other botanical, animal or micro- organism derived substance.
Natural health products do not include the following:
1. an antibiotic,
2. a substance set out in Schedule D to the Act,
3. a substance included in Schedules I, II, III, IV, V, and VI of the Controlled Drugs and Substances Act,
4. a substance regulated under the Tobacco Act,
5. a substance described in Schedule C to the Act, or
6. a substance or a combination of substances intended for parenteral administration, except for those that are homeopathic preparations or vitamins or minerals.
1.The purpose of this list would be to distinguish between herbs sold as foods and ones sold for their medicinal properties. Those herbs which for health or safety reasons should be captured independent of the form in which they are sold would be listed on this short list of herbs. The list of medicinal herbs will be developed with the assistance of the Directorate’s Expert Advisory Committee. Through the present consultation, your views are also sought.
Ontario's New Smoking Laws (December 2004) - http://www.ontla.on.ca/documents/Bills/38_Parliament/Session1/b164_e.htm
"9. (1) No person shall smoke tobacco or hold lighted tobacco in any enclosed public place or enclosed workplace. "
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INFORMATION PERTAINING TO TOBACCO BY-LAWS, SMOKING IN PUBLIC, ETC.
Some Excerpts from the Ontario Municipal Act:
Municipal Act, 2001
S.O. 2001, CHAPTER 25
Notice of Currency:* All amendments have been incorporated into this document.
A proclamation has been issued naming January 1, 2004 as the day on which the amendments made by 2002, c. 24, Sched. B, ss. 25, 42 come into force.
*This notice is usually current to within two business days of accessing this document. For more current amendment information, see the Table of Public Statutes (Legislative History).
Amended by: 2002, c. 8, Sched. I, s. 17; 2002, c. 17, Sched. A; 2002, c. 22, ss. 151-161; 2002, c. 24, Sched. B, ss. 25, 42; 2002, c. 33, s. 145; 2003, c. 4, s. 12.
115. (1) A municipality may prohibit or regulate the smoking of tobacco in public places and workplaces. 2001, c. 25, s. 115 (1).
Crown bound
(2) A by-law under this section binds the Crown. 2001, c. 25, s. 115
(2).
Restriction
(3) A by-law under this section shall not apply to a highway but may apply to public transportation vehicles and taxicabs on a highway. 2001, c. 25, s. 115 (3).
Scope of by-law
(4) A by-law under this section may,
(a) define "public place" for the purpose of the by-law;
(b) require a person who owns, occupies or operates a place to which the by-law applies to post signs setting out such information relating to the smoking of tobacco as is required by the by-law;
(c) establish the form and content of signs referred to in clause (b) and the place and manner in which the signs shall be posted;
(d) permit persons who own, occupy or operate a place to which the by-law applies to set aside an area that meets criteria set out in the by-law for the smoking of tobacco within the place;
(e) establish criteria applicable to smoking areas in clause (d), including the standards for the ventilation of such areas;
(f) require areas set aside for the smoking of tobacco in places to which the by-law applies to be identified as an area where the smoking of tobacco is permitted; and
(g) require the owner or occupier of a public place, the employer of a workplace, other than a public transportation vehicle and a taxicab, or the owner or operator of a public transportation vehicle or a taxicab to ensure compliance with the by-law. 2001, c. 25, s. 115 (4).
Upper-tier municipality
(5) A by-law passed by an upper-tier municipality under this section shall not come into force unless,
(a) a majority of all votes on the council of the upper-tier municipality are cast in its favour;
(b) after the by-law is passed, a majority of the councils of all its lower-tier municipalities have passed resolutions giving their consent to the by-law; and
(c) the total number of electors in the lower-tier municipalities that pass resolutions under clause (b) form a majority of all the electors in the upper-tier municipality. 2001, c. 25, s. 115 (5).
Repeal
(6) A by-law passed by an upper-tier municipality under this section is repealed if,
(a) after the by-law comes into force, a majority of its lower-tier municipalities rescind their resolutions under clause (5) (b) giving their consent to the by-law; and
(b) the total number of electors in the lower-tier municipalities that have rescinded resolutions form a majority of all electors in the upper-tier municipality. 2001, c. 25, s. 115 (6).
Power of entry
(7) A municipality may, at any reasonable time, enter any public place or workplace to which a by-law under this section applies to determine whether the by-law is being complied with and for this purpose may make such examinations, investigations and inquiries as are necessary. 2001, c. 25, s. 115 (7).
Warrant
(8) A judge or justice of the peace may, upon application by a municipality, issue a warrant authorizing the municipality to enter, examine, investigate or make inquiries with respect to a public place or workplace if he or she is satisfied by evidence under oath that,
(a) the entry, examination, investigation or inquiry is reasonably necessary to determine whether the by-law under this section is being complied with; and
(b) the municipality has been prevented or is likely to be prevented from exercising any of its powers under this section. 2001, c. 25, s. 115 (8).
Conflicts
(9) If there is a conflict between a by-law passed by a lower-tier municipality under this section and a by-law passed by an upper-tier municipality under this section, the by-law that is the most restrictive of the smoking of tobacco prevails. 2001, c. 25, s. 115 (9).
Conflicts
(10) Despite section 14, if there is a conflict between a provision of any Act or regulation and a provision of a by-law passed by a municipality under this section, the provision that is the most restrictive of the smoking of tobacco prevails. 2001, c. 25, s. 115 (10).
Definitions
(11) In this section,
"elector" means a person whose name appears on the voters' list, as amended up until the close of voting on voting day, for the last regular election preceding the coming into force of a by-law under subsection (1) or the repeal of a by-law under subsection (6), as the case may be; ("électeur")
"smoking of tobacco" includes the holding of lighted tobacco; ("usage du tabac")
"workplace" includes a public transportation vehicle and a taxicab. ("lieu de travail") 2001, c. 25, s. 115 (11).
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Toronto's No Smoking By-law:
Toronto Municipal Code, Chapter 709 - Smoking
CLASS “E” PUBLIC PLACE — An enclosed building or an enclosed portion of a building used for the sale and service of food and drink to the public for consumption on the premises which is licensed under the Liquor Licence Act3 and where no patron under the age of 19 years of age is admitted to the premises at any time. A class “E” public place includes a bar, an entertainment lounge and a nightclub. A class “E” public place does not include a premises otherwise defined in this chapter.
PRIVATE CLUB — A not-for-profit corporate establishment that operates solely for the benefit and pleasure of its members, that directs its publicity and advertisements to its members and has passed by-laws regulating the admission of persons and the conditions of membership, the fees and dues of members, the issue of membership cards, the suspension and termination of memberships, the qualification of and the remuneration of the directors, the time for and the manner of electing directors and the time, place and notice to be given for the holding of meetings of the members and of the board of directors.
SMOKE or SMOKING — Includes the carrying of a lighted cigar or cigarette, pipe or any other lighted smoking equipment.
§ 709-2. Applicability to public places and private clubs.
A. Where a workplace is also a public place, the provisions of this chapter respecting public places shall prevail.
B. Where a workplace is also a private club, the provisions of this chapter do not apply.
§ 709-6. Smoking regulations in public places.
A. No person shall smoke in a public place.
G. Despite Subsection A, a proprietor of a class “E” public place may establish and designate an unenclosed smoking area no greater in size than 25% of the occupiable public space in the premises. The designated smoking area must be contiguous and clearly identifiable.
B. Section 709-6E, F, G and H of this chapter are repealed on June 1, 2004. C. Despite Subsections A and B, this chapter, as it read before § 709-6C, D, E, F, G and H were repealed, continues to apply to proceedings in respect of offences that occurred before § 709-6C, D, E, F, G and H were repealed.
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Ontario's new smoking laws - The Smoke-Free Ontario Act, 1994, as amended by the Tobacco Control Statute Law Amendment Act, 2005 - In effect as of May 31, 2006
http://www.health.gov.on.ca/english/public/updates/archives/hu_05/smoke_free_ontario_act.pdf
CONTROLS RELATING TO SMOKING TOBACCO
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Definitions 1. In this Act,
“employee” means a person who performs any work for or supplies any services to an employer, or a person who receives any instruction or training in the activity, business, work, trade, occupation or profession of an employer;
“employer” includes an owner, operator, proprietor, manager, superintendent, overseer, receiver or trustee of an activity, business, work, trade, occupation, profession, project or undertaking who has control or direction of, or is directly or indirectly responsible for, the employment of a person in it;
“enclosed public place” means,
(a) the inside of any place, building or structure or vehicle or conveyance or a part of any of them,
(i) that is covered by a roof, and
(ii) to which the public is ordinarily invited or permitted access, either expressly or by implication, whether or not a fee is charged for entry, or
(b) a prescribed place;
“enclosed workplace” means,
(a) the inside of any place, building or structure or vehicle or conveyance or a part of any of them,
(i) that is covered by a roof,
(ii) that employees work in or frequent during the course of their employment whether or not they are acting in the course of their employment at the time, and
(iii) that is not primarily a private dwelling, or
(b) a prescribed place;
“Minister” means the Minister of Health and Long-Term Care, unless otherwise specified;
“prescribed” means prescribed by the regulations;
“regulations” means the regulations made under this Act. 1994, c. 10, s. 1. Private dwelling
(2) For greater certainty, and without restricting the generality of the expression, the following are primarily private dwellings for the purposes of the definition of “enclosed workplace” in subsection (1):
1. Private self-contained living quarters in any multi-unit building or facility.
2. Any other prescribed place. 2005, c. 18, s. 3 (2).
Application
2. This Act applies to tobacco in any processed or unprocessed form that may be smoked, inhaled or chewed, including snuff, but does not apply to products intended for use in nicotine replacement therapy. 1994, c. 10, s. 2.
...
9. (1) No person shall smoke tobacco or hold lighted tobacco in any enclosed public place or enclosed workplace. 2005, c. 18, s. 9.
...
Employer obligations
(3) Every employer shall, with respect to an enclosed workplace or a place or area mentioned in subsection (2) over which the employer exercises control,
(a) ensure compliance with this section;
(b) give notice to each employee in an enclosed workplace or place or area that smoking is prohibited in the enclosed workplace, place or area in a manner that complies with the regulations, if any;
(c) post any prescribed signs prohibiting smoking throughout the enclosed workplace, place or area over which the employer has control, including washrooms, in the prescribed manner;
(d) ensure that no ashtrays or similar equipment remain in the enclosed workplace or place or area, other than a vehicle in which the manufacturer has installed an ashtray;
(e) ensure that a person who refuses to comply with subsection (1) or (2) does not remain in the enclosed workplace or place or area; and
(f) ensure compliance with any other prescribed obligations. 2005, c. 18, s. 9.
...
Proprietor obligations
(6) Every proprietor of an enclosed public place or a place or area mentioned in subsection (2) shall,
(a) ensure compliance with this section with respect to the enclosed public place, place or area;
(b) give notice to each person in the enclosed public place, place or area that smoking is prohibited in the enclosed public place, place or area in accordance with the regulations, if any;
(c) post any prescribed signs prohibiting smoking throughout the enclosed public place, place or area, including washrooms, in the prescribed manner;
(d) ensure that no ashtrays or similar equipment remain in the enclosed public place, place or area, other than a vehicle in which the manufacturer has installed an ashtray;
(e) ensure that a person who refuses to comply with subsection (1) or (2) does not remain in the enclosed public place, place or area; and
(f) ensure compliance with any other prescribed obligations. 2005, c. 18, s. 9.
...
Definition (12) In this section,
“proprietor” means the owner, operator or person in charge. 2005, c. 18, s. 9.
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INSPECTION
Inspectors
14. (1) The Minister may appoint inspectors for the purposes of this Act. 1994, c. 10, s. 14 (1).
Inspection
(2) For the purpose of determining whether this Act is being complied with, an inspector may, without a warrant, enter and inspect places referred to in subsection 4 (2) and section 9 and the establishments of tobacco wholesalers and distributors. 1994, c. 10, s. 14 (2).
Restricted appointments
(3) The Minister may, in an appointment, restrict the inspector’s powers of entry and inspection to specified places or kinds of places among those referred to in subsection (2). 1994, c. 10, s. 14 (3).
Time of entry
(4) The power to enter and inspect a place without a warrant may be exercised only during the place’s regular business hours or, if it does not have regular business hours, during daylight hours. 1994, c. 10, s. 14 (4).
Dwellings
(5) The power to enter and inspect a place without a warrant shall not be exercised to enter and inspect a part of the place that is used as a dwelling unless reasonable notice has been given to the occupier of the dwelling. 1994, c. 10, s. 14 (5).
Use of force
(6) An inspector is not entitled to use force to enter and inspect a place. 1994, c. 10, s. 14 (6).
Identification
(7) An inspector conducting an inspection shall produce, on request, evidence of his or her appointment. 1994, c. 10, s. 14 (7).
Powers of inspector
(8) An inspector conducting an inspection may,
(a) examine a record or other thing that is relevant to the inspection;
(b) demand the production for inspection of a record or other thing that is relevant to the inspection;
(c) remove for review and copying a record or other thing that is relevant to the inspection;
(d) in order to produce a record in readable form, use data storage, information processing or retrieval devices or systems that are normally used in carrying on business in the place;
(e) question a person on matters relevant to the inspection. 1994, c. 10, s. 14 (8).
(f) if he or she finds that an employer is not complying with subsection 9 (3), direct the employer or a person whom the inspector believes to be in charge of the enclosed workplace to comply with the provision and may require the direction to be carried out forthwith or within such period of time as the inspector specifies; and
(g) if he or she finds that a proprietor is not complying with subsection 9 (6), direct the proprietor or a person whom the inspector believes to be in charge of the enclosed public place to comply with the provisions and may require the direction to be carried out forthwith or within such period of time as the inspector specifies.
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(12) A demand that a record or other thing be produced for inspection must be in writing and must include a statement of the nature of the record or thing required. 1994, c. 10, s. 14 (12).
Obligation to produce and assist
(13) If an inspector demands that a record or other thing be produced for inspection, the person who has custody of the record or thing shall produce it and, in the case of a record, shall on request provide any assistance that is reasonably necessary to interpret the record or to produce it in a readable form. 1994, c. 10, s. 14 (13).
Records and things removed from place
(14) A record or other thing that has been removed for review and copying,
(a) shall be made available to the person from whom it was removed, for review and copying, on request and at a time and place that are convenient for the person and for the inspector; and
(b) shall be returned to the person within a reasonable time. 1994, c. 10, s. 14 (14).
Copy admissible in evidence
(15) A copy of a record that purports to be certified by an inspector as being a true copy of the original is admissible in evidence to the same extent as the original, and has the same evidentiary value. 1994, c. 10, s. 14 (15).
Obstruction
(16) No person shall hinder, obstruct or interfere with an inspector conducting an inspection, refuse to answer questions on matters relevant to the inspection or provide the inspector with information, on matters relevant to the inspection, that the person knows to be false or misleading. 1994, c. 10, s. 14 (16).
Definition
(17) In this section,
“record” means any collection of information however recorded, whether in printed form, on film, by electronic means or otherwise and includes any data that is recorded or stored on any medium in or by a computer system or similar device as well as drawings, specifications or floor plans for an enclosed workplace. 2005, c. 18, s. 12 (3).
From http://www.metronews.ca/news_detail.asp?id=14432
Health Promotion Minister Jim Watson yesterday tried to clear up the situation. “If you have every single table that has umbrellas overlapping, I would view that as a canopy,” he said. “If it’s like most patios that have a table with an umbrella that can go up and down and they’re not touching one another, then people are able to smoke in that circumstance.” Watson added he’s sure that “most people will respect the law and the spirit of the law.”
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Combining Cannabis-friendliness with licensed liquor distribution can be a very bad idea. First, liquor service brings undercover officers. Second, the liquor licensing authorities do not look favorably upon Cannabis use at licensed outlets. And, of course, liquor-related violence and other bad behavior (including driving) can bring heat and bad attention on a business. Here's an example of how Cannabis-friendliness can negatively impact a licensed establishment:
http://www.torontohemp.com/phpBB2/viewtopic.php?p=4335#4335
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