NEWS RELEASE
The Special Senate Committee on Illegal Drugs
Senate
Committee recommends legalization of cannabis
OTTAWA,
September 4, 2002
- The Senate Special Committee on Illegal Drugs today released its final report
on cannabis. In an exhaustive and
comprehensive two-year study of public policy related to marijuana, the Special
Committee found that the drug should be legalized.
The 600 plus page Senate report is a result of rigorous research,
analysis and extensive public hearings in Ottawa and communities throughout
Canada with experts and citizens.
“Scientific
evidence overwhelmingly indicates that cannabis is substantially less harmful
than alcohol and should be treated not as a criminal issue but as a social and
public health issue”, said Senator Pierre Claude Nolin, Chair of the Special
Committee, in a news conference today in Ottawa. “Indeed, domestic and international experts and Canadians
from every walk of life told us loud and clear that we should not be imposing
criminal records on users or unduly prohibiting personal use of cannabis.
At the same time, make no mistake, we are not endorsing cannabis use for
recreational consumption. Whether
or not an individual uses marijuana should be a personal choice that is not
subject to criminal penalties. But
we have come to the conclusion that, as a drug, it should be regulated by the
State much as we do for wine and beer, hence our preference for legalization
over decriminalization.”
Among
many observations, the Senate Report concludes that:
·
The Government of Canada should adopt an integrated policy on the risks
and harmful effects of psychoactive substances covering the whole range of
substances including cannabis, medications, alcohol, tobacco and illegal drugs,
focussing on educating users, detecting and preventing at-risk use and treating
excessive use.
·
As far as cannabis is concerned, only behaviour causing demonstrable harm
to others should be prohibited: illegal trafficking, selling to young people
under the age of sixteen and impaired driving.
·
Legislation for a cannabis exemption scheme should be introduced
stipulating conditions for obtaining licences, producing and selling cannabis;
criminal penalties for illegal trafficking and export; and the preservation of
criminal penalties for all activities falling outside the scope of the exemption
scheme.
·
Present medicinal marijuana provisions are not effective and must be
revised to provide greater access for those in need.
·
Amnesty should be provided for any person convicted of possession of
cannabis under current or past legislation.
In its extensive report, the Special Committee suggests a number of specific initiatives for implementing its recommendations such as:
·
creation
of a National
Advisor on Psychoactive Substances and Dependency within the Privy Council
Office;
·
a high-level conference of key stakeholders from the provinces,
territories, municipalities and associations in 2003 to set goals and priorities
for action;
·
creation of a
Canadian Centre on Psychoactive Substances and Dependency with a strong, clear
mandate, adequately funded and reporting to Parliament and with a Monitoring
Agency on Psychoactive Substances and Dependency to conduct studies with the
provinces and territories and table a bi-annual report on drug-use trends and
emerging problems;
·
amendments to the Marijuana Medical
Access Regulations to provide new rules regarding eligibility, availability,
production and distribution with respect to cannabis for therapeutic purposes;
·
amendment to the Criminal Code
to lower permitted alcohol levels to 40 milligrams of
alcohol per 100 millilitres of blood in the presence of other drugs, especially,
but not exclusively cannabis; and
·
Canada seeking amendments to United Nations conventions and treaties
governing illegal drugs and supporting the development of a Drugs and Dependency
Monitoring Agency for the Americas.
The
Committee also examined the international obligations and repercussions of
Canada’s cannabis policies as well as approaches taken by other countries.
It studied the impact of more liberal policy approaches to cannabis in
countries such as the Netherlands, Switzerland and Spain along with more
restrictive policies such as Sweden, France or the United States.
There is a clear international trend to reassessing domestic drug policy
such as recent initiatives toward decriminalization in the United Kingdom.
Deputy Chair Senator Colin Kenny points out that “though what we are
recommending for our country has an impact on our friends and neighbours, Canada
must make its own decisions in the best interests of its citizens.”
The
Senate Special Committee on Illegal Drugs is chaired by Senator Pierre Claude
Nolin with Senator Colin Kenny as deputy-chair. Also serving on the Committee are Senators Tommy Banks,
Shirley Maheu and Eileen Rossiter. The
Special Senate Committee on Illegal Drugs maintains an Internet web site at /illegal-drugs.asp. where
proceedings, testimony, research, general information and its report can be
found.
For further information:
| David Newman | Jean-Guy Desgagné |
| Phone: (613) 836-6039 | Phone: (613) 791-7936 |
| Mobile: (613) 795-1739 | |
|
Fax: (613) 836-5370 |
|
| E-mail: dnewman@sympatico.ca |
RECOMMENDATIONS
Recommendation
1
The
Committee recommends that the position of National Advisor on Psychoactive
Substances and Dependency be created within the Privy Council Office; that the
Advisor be supported by a small secretariat and that the necessary staff be
assigned by federal departments and agencies involved with psychoactive
substances on request.
Recommendation
2
The
Committee recommends that the Government of Canada mandate the National Advisor
on Psychoactive Substances and Dependency to call a high-level conference of key
stakeholders from the provinces, territories, municipalities and associations in
2003, to set goals and priorities for action on psychoactive substances over a
five-year period.
Recommendation
3
The
Committee recommends that the Government of Canada amend the enabling
legislation of the Canadian Centre on Substance Abuse to change the Centre’s
name to the Canadian Centre on Psychoactive Substances and Dependency ;
make the Centre accountable to Parliament; provide the Centre with an annual
basic operating budget of $15 million to be increased annually; require the
Centre to table an annual report on actions taken, key issues, research and
trends in Parliament and in the provincial and territorial legislatures; mandate
the Centre to ensure national coordination of research on psychoactive
substances and dependency and to conduct studies into specific issues; and
mandate the Centre to undertake an assessment of the national strategy on
psychoactive substance and dependency every five years.
Recommendation
4
The
Committee recommends that, in the legislation creating the Canadian Centre on
Psychoactive Substances and Dependency, the Government of Canada specifically
include provision for the setting up of a Monitoring Agency on Psychoactive
Substances and Dependency within the Centre; provide that the Monitoring Agency
be mandated to conduct studies every two years, in cooperation with relevant
bodies, on drug-use trends and dependency problems in the adult population; work
with the provinces and territories towards increased harmonization of studies of
the student population and to ensure they are carried out every two years;
conduct ad hoc studies on specific issues; and table a bi-annual report on
drug-use trends and emerging problems.
Recommendation
5
The
Committee recommends that the Government of Canada adopt an integrated policy on the risks and harmful effects of psychoactive substances covering
the whole range of substances (medication, alcohol, tobacco and illegal drugs).
With respect to cannabis, this policy should focus on educating users,
detecting and preventing at-risk use and treating excessive use.
Recommendation
6
The
Committee recommends that the Government of Canada amend the Controlled
Drugs and Substances Act to create a criminal exemption scheme.
This legislation should stipulate the conditions for obtaining licences
as well as for producing and selling cannabis; criminal penalties for illegal
trafficking and export; and the preservation of criminal penalties for all
activities falling outside the scope of the exemption scheme.
Recommendation
7
The
Committee recommends that the Government of Canada declare an amnesty for any
person convicted of possession of cannabis under current or past legislation.
Recommendation
8
The
Committee recommends that the Marijuana
Medical Access Regulations be amended to provide new rules regarding
eligibility, production and distribution with respect to cannabis for
therapeutic purposes. In addition, research on cannabis for therapeutic purposes
is essential.
Recommendation
9
The
Committee recommends that the Criminal Code be amended to lower permitted
alcohol levels to 40 milligrams of alcohol per
100 millilitres of blood, in the presence of other drugs, especially, but not
exclusively cannabis; and to admit evidence from expert police officers trained
in detecting persons operating vehicles under the influence of drugs.
Recommendation
10
The
Committee recommends that the Government of Canada create a national fund for
research on psychoactive substances and dependency to fund research on key
issues, more particularly on various types of use, on the therapeutic
applications of cannabis, on tools for detecting persons operating vehicles
under the influence of drugs and on effective prevention and treatment programs;
that the Government of Canada mandate the Canadian Centre on Psychoactive
Substances and Dependency to co-ordinate national research and serve as a
resource centre.
Recommendation
11
The
Committee recommends that the Government of Canada instruct the Minister of
Foreign Affairs and International Trade to inform the appropriate United Nations
authorities that Canada is requesting an amendment to the conventions and
treaties governing illegal drugs; and that the development of a Drugs and
Dependency Monitoring Agency for the Americas be supported by the Government of
Canada.