By Jill Sperling

Marijuana users in legal limbo ahead of new legislation

Apr 5, 2017 | 6:30 PM

KAMLOOPS — Lawyers and provincial law makers are in a state of limbo as they wait for the federal government’s promised legislation change on recreational marijuana.

The federal government says the drug will be legalized by Canada Day next year, but there are still plenty of grey areas in the process. 

It’s unclear what will happen to previous possession for access, and managing retail and licensing. But, until legislation is drafted by the federal government later this month the provinces won’t know how much responsibility they will have to shoulder. 

“We know we have a date: July 1, 2018,” said B.C. Health Minister Terry Lake. “We don’t know much more than that. We’ll see more as the federal government rolls out the legislation, that would be very helpful, but we are doing prepatory work.”

Boogie The Bridge

Boogie The Bridge Event Information

Apr 19, 2024

SOUND OFF

SOUND OFF: Police confirm diversion of government-supplied drugs

3h ago

ARMCHAIR MAYOR

ROTHENBURGER: A fond farewell to the airwaves from the Armchair Mayor

8h ago

The new legislation is expected to be drafted this month. 

“From my point of view, a regulated, safe marijuana market will be a good thing and will, I think, protect young people more than what we have today, which is a black market where quality control, the strength, the potential contaminates are unknown,” Lake said.

While the federal government now has a timeline for the legalization of recreational cannabis, users are still being convicted for simple possession, and it’s not known what will happen to their records once new legislation is in place. 

“I would hope that the government might grant an amnesty for people with simple possession,” said Kamloops lawyer, Shawn Buckley. “I mean, as it is right now the norm according to the Supreme Court of Canada in Malmo-Levine is that a conditional discharge is the norm.” 

A person who receives a conditional discharge is still likely to face problems if they plan to travel south.

“If the government basically pardoned everyone that had simple possession, that would expunge it from your record,” Buckley said. “It’s really the United States that’s the problem. They take a very hard line against even simple possession of cannabis.”

Licensed producers in the medical market are currently protected under the law, but the legalization of recreational marijuana will open up an entirely new market. 

Health Minister Terry Lake says the province will proceed cautiously. 

“It’s an exciting time, but we have to make sure we get this right, because you don’t have opportunities to do it a second time. So, we’re going to be very thoughtful about it.”