Marijuana Legalization in Canada Could Leave Provinces Responsible for Pot Rules

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Government to announce marijuana will be legal by July 1, 2018.

Federal government ministers are keeping mum on the details of the Liberals' marijuana legalization plan, as provinces consider the legislative and regulatory burden that will fall to them when pot is legalized.

As CBC News first reported Sunday night, the Liberal government will announce legislation next month that will legalize marijuana in Canada by July 1, 2018.

The legislation will be announced during the week of April 10 and will broadly follow the recommendation of a federally appointed task force that was chaired by former justice minister Anne McLellan.Bill Blair, the former Toronto police chief who has been handling the marijuana file for the government, briefed the Liberal caucus on the rollout plan and the legislation during caucus meetings this weekend, according to a senior government official who spoke to CBC News on condition of anonymity.

Health Minister Jane Philpott said the goals of legalization are keeping children safe and keeping the profits of marijuana sales out of the hands of criminals.

However, she added, young people in Canada are currently among the top pot consumers in the world.

"One of the realities is that the very situation that we're under at the moment is that young people [in Canada] are in fact using cannabis at high rates, the highest rates in the world," Philpott told reporters at an event at the Western University's Fanshawe College in London, Ont. 

"There's a tremendous amount of work that needs to be done on public education, a tremendous amount of work that needs to be done to keep young people safe."

Philpott said the legalization would not amount to an endorsement of marijuana as "advisable or recommended." She said the government is looking to policies for substances like alcohol or tobacco, which have restrictions limiting sales to "informed, consenting adults."

"Our responsibility as government is to make sure that we have appropriate regulatory mechanisms in place, that we have public health measures in place," she said.

Task Force Cannabis 20161213

Anne McLellan, the leader of the federal task force on marijuana, reported the task force's findings in December 2016. That included a recommendation to set 18 as the minimum age to buy marijuana. (Adrian Wyld/Canadian Press)

Finance Minister Bill Morneau told reporters in Toronto that the government has not come to a decision on whether there will be additional duties on marijuana sales.

"We haven't made enough progress on that part of the file. It's really not the key focus," Morneau said.

Provinces facing regulatory challenge

The senior government official said the bill would propose putting the federal government in charge of ensuring the country's marijuana supply is safe and secure, and Ottawa will license producers. 

But the provinces will have the right to decide how marijuana is distributed and sold. Provincial governments will also have the right to set prices.

Meanwhile, provincial legislators say they haven't seen the bill, though they are anticipating issues that affect their jurisdiction.

Quebec Premier Philippe Couillard told reporters Monday he agrees with the principle of legalization, but he's concerned it may create new burdens for the provinces.

"We should also be careful not to add too 

[many] responsibilities on the shoulders of the provinces — for example, regulation, implementation, how we will test people for this. We want to make sure that everybody will play [their] part in the implementation of the bill," Couillard said.

Alberta Premier Rachel Notley said her government will be making decisions about the "complex issues" raised by the change in federal law, once it has a copy of the text.

"We'll be working very furiously on it, there's no question. We're concerned about ensuring safety and health of young Albertans, and we're also concerned about ensuring that we don't somehow kick-start another black market," Notley said.

Ontario eyes government role in distribution

Ontario Finance Minister Charles Sousa said the province is still considering its options on how marijuana sales will be handled.

"The recommendation is to have government oversight in regards to how it's distributed. The Attorney General's Office already does a lot of that be it in alcohol, be it in tobacco, be it in spirits, wine, beer," Sousa told reporters at Queen's Park. "Those models exist and we're looking at putting something in place that would be most appropriate."

Sousa said he had not "baked" any expectations about revenues from a pot tax into Ontario's budget since the majority of funds raised from cannabis sales would go into public health, addiction control and enforcement measures.

Manitoba law could restrict consumption

Manitoba's justice minister said the provincial government has already introduced legislation to address drug-impaired driving in anticipation of changes from Ottawa.

"An area of concern that we have taken a proactive approach on is public safety," Justice Minister Heather Stefanson said in a written statement. "Our government recently introduced the Cannabis Harm Prevention Act, which proposes an interim solution that addresses the threat of driver impairment."

Opponents of the Manitoba bill, which would restrict cannabis consumption in vehicles and enclosed public places, say it is overly broad and doesn't distinguish between recreational and medical marijuana users.

Philpott said the federal legislation would provide more details on the role of the provinces when it's tabled this spring.

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