Whitehorse Daily Star

Details of marijuana regulation remain hazy

Legal weed may not be the “revenue cash cow” provinces and territories were hoping for, says the Yukon’s assistant deputy minister of justice.

By Sidney Cohen on December 16, 2016

Legal weed may not be the “revenue cash cow” provinces and territories were hoping for, says the Yukon’s assistant deputy minister of justice.

While the recreational marijuana market will open up new revenue streams, said Al Lucier, those dollars, at least in the early days, will be funneled into awareness and education campaigns, research and policy enforcement.

“The regulatory and enforcement aspects that will come in with these changes will certainly offset revenues generated by the taxation of the products,” Lucier said in an interview this week. He is also a senior official in a working group on the legalization, regulation and restriction of cannabis in Canada.

On Tuesday, a cannabis legalization task force, chaired by former Liberal cabinet minister Anne McLellan, released a report with more than 80 recommendations for how to regulate marijuana and end nearly a century of prohibition in Canada.

Among them, the federal task force suggests a minimum age of 18 for the purchase of pot, or slightly older, in keeping with the legal drinking age in different provinces and territories.

It also proposes strict rules around pot promotion, similar to those surrounding tobacco. The task force calls for a ban on packaging that would make pot look like candy or be otherwise “appealing to children.”

It’s also important, the task force noted, that marijuana not be taxed to the point where consumers turn to illegitimate dealers for cheaper herb.

How legal marijuana will be regulated, sold and policed in the territory remains hazy, to say the least.

Will the Yukon government wholesale to private dispensaries, or will it operate its own weed stores? Might marijuana be sold at pharmacies?

Will the government approve marijuana lounges? What about smoking in public places, like parks?

Whatever the marijuana legislation looks like, it’s likely the territorial government will be a major player in the pot market, said Lucier.

“The mechanisms of a controlled and regulated substance usually lends itself to a regime that has some government involvement,” he said.

“If we look at tobacco, if we look at alcohol, certainly the latter of those, in every jurisdiction, even if the sale point is different, the main regulator in the distribution is government.”

Justice Minister Tracy-Anne McPhee is reviewing the report and will work with the federal government to determine how marijuana policy is rolled out in the territory, said cabinet spokesperson Sunny Patch.

“It’s still pretty early days,” she said.

The task force also made recommendations on how to curb criminal prosecution for minor marijuana-related offences, specifically those around underage use, which would criminalize youth.

“You want to ensure that there are safeguards around age, but at the same time, the age becomes difficult because you don’t want to create and illegitimate venue for illicit products,” said Lucier, who previously served with the RCMP in the Yukon.

“One of the federal tenets in moving on this item is to not criminalize individuals for social behaviour.”

Indeed, the task force recommends that “social sharing” of marijuana not be a criminal offence, and that users be allowed to carry up to 30 grams in public.

Cannabis possession accounts for a relatively small proportion of criminal charges laid in the Yukon.

In 2015, for example, 1,507 people were criminally charged in the territory, and 18 of them were charged with cannabis possession, according to data from Statistics Canada.

Between Jan. 1 and Dec. 10 of this year, 11 charges were laid in the Yukon for possession of 30 grams of weed or less, said Coralee Reid, a spokesperson for the Yukon RCMP.

The task force noted that cannabis-impaired driving “generated a great deal of concern” during consultations. There is a worry that legalization will lead to more stoned drivers on the road.

Of course, drug-impaired driving is not a new issue.

Cpl. Shawn Pollard with the Yukon RCMP said already sees “a fair amount” of cannabis-impaired drivers on the Whitehorse roads.

“A lot more in the last few years,” he added. “A lot of people don’t understand that it’s still illegal.”

He gets suspicious if he can smell weed, or if the driver is displaying physical signs: bloodshot eyes, slow movements, “basically some of the same signs as impaired by alcohol,” he said.

Still, testing for cannabis impairment is not so cut and dry.

For one thing, the task force determined that the level of tetrahydrocannabinol (THC), the main psychoactive chemical in cannabis, in the body is not a reliable indicator of impairment.

THC can stay in the bodies of heavy users, such as those who use marijuana for medical reasons, for days or weeks. Frequent users may also have a higher tolerance to the drug, and won’t show signs of impairment.

Determining the legal limit for THC in the blood is “something the government is struggling with,” said Pollard.

Whether to impose a legal limit, and what that limit might be, are questions the task force said need further study.

Ultimately, concluded the federal task force, revenue generation should come second to public health and safety.

Lucier agrees.

“It really comes down to what’s the right thing for society, and how do the legislators take that on and bridge the public health with public safety, with responsible access, with the elimination of organized crime and profitability,” he said.

“It’s a pretty difficult and complicated matter to deal with.”

Comments (10)

Up 2 Down 4

ProScience Greenie on Dec 22, 2016 at 9:16 am

Perhaps, upintheclouds, it wasn't the marijuana that caused you to descend into a life of horrible behavior. Simply put, maybe it wasn't the weed, it was just you so stop trying to demonize and dehumanize the vast majority of people that enjoy the odd toke of a mostly harmless plant while going about their lives doing zero harm to others.

Up 4 Down 11

upintheclouds on Dec 19, 2016 at 10:34 pm

I was just speaking from 45 years experience of puffing up. Gastown Vancouver, when it was still skid row was transformed by our demolition outfit "Nirvana Joint Enterprises, we did the whole thing on pot. We had a lot of fun. As you get older 50s, 60s, you puff up and you can feel every square millimeter of arthritis. One of our favorites was to puff up and then slip LSD into a friends drink, grab him and put him in a straight jacket, take him downtown blindfolded and let him out inside the liquor store on Hastings. His comment "the trip of a lifetime!"

The torpor in the soul was the comment of a Persian Mystic noting the effects of Hashish before the West had ever heard of it. Pot is like a religion for some, a 'vegetation cult'. Note the outrage at my personal observation like I'm some kind of 'Heretic', defaming their sacred plant.

Up 11 Down 4

Mr M on Dec 19, 2016 at 4:21 pm

@ viewfromtheclouds sounds like you are talking about religion not Marijuana. Just saying.

Up 14 Down 3

what?? on Dec 19, 2016 at 12:01 pm

@viewfromtheclouds, clearly your "name" says about as much as anyone needs to know. That's the most ignorant, baseless and archaic response I've seen here for a while.

Up 4 Down 27

viewfromtheclouds on Dec 18, 2016 at 5:58 pm

Marijuana creates a torpor in the soul. Psychologically addictive the aftermath is a vacuous dead space. Initial fantasies where it creates an increase in consciousness, a new awareness. But mostly people use it to fuel the same ego drives at the expense of a focused attention span. It's a sign of spiritual sickness. Perfect for the times and the cultural wasteland. Anyone who takes a leaf out of America's book on how to be a dead head needs therapy.

Up 13 Down 0

anon on Dec 17, 2016 at 11:26 pm

yep, definitely a conspiracy by the dorito people, buy stocks now!!

Up 15 Down 7

Another Yukoner on Dec 17, 2016 at 6:12 pm

Hey Doug,

I think you might have overlooked a few things.
1. Pretty much anyone can get their hands on illegal drugs, including minors, so having them illegal doesn't seem to actually do anything to stop their use.
2. In fact, making drugs illegal clearly does increase crime, increase harm from fake products, and divert policing resources from other more important matters.
3. If adults want to get high, it seems to me that shouldn't be any concern of yours, just as it's no concern of others if you do things they don't find value in.

You may recall, there was a time when alcohol was made illegal and the results were pretty clear. Dangerous and lethal false products sold on a thriving black market generously funding organized crime. What benefit was provided to society in exchange?

Up 14 Down 23

Doug on Dec 17, 2016 at 9:15 am

Who cares. There are two types of people who want weed legalized.
1. People who believe it is a medicine.
2. People who just want to get high.

For the first...anyone can get a prescription for it...it certainly isn't difficult, so this is a non issue. (Better management of it yes).
For the later reason, I dare say that is not a great reason to make something legal. Alcohol has given our society about all the mind altering issues we can handle...(personally I think there is a better case to make alcohol illegal than making weed legal. But that's just me)

De-criminalize minor possession sure...all in favour of that...but really don't know why we are thinking about this.
(Oh sorry...I forgot the religion based around it...I won't touch that one)
Maybe it's a conspiracy by "big Doritos" ha

Up 28 Down 4

Sandy Jamesen on Dec 16, 2016 at 6:46 pm

I live in Golden, Colorado. Come down here and talk to people who have successfully implemented the process.

Up 34 Down 23

ProScience Greenie on Dec 16, 2016 at 4:35 pm

How absolutely pathetic that Alaska, Colorado and others can legalize it within months and Trudeau and crew are mucking around wasting time, money and resources. Having the historically authoritarian and costly Anne McLellan involved make it even worse. What a major disappointment and it just adds to the list of reasons why they may be a one term government.

And Larry, come on, we live next to Alaska where they got it done efficiently and quickly and gave all the communities a say in many aspects of legalization. Surely you wake up your bosses and set fire under their butts. Get at it Larry.

And no, it hasn't been an apocalyptic end of the world in the US states that legalized and it won't be here. It's the libertarian and fiscal conservative thing to do.

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