Published
Jun 08 2023Last Updated
Apr 06 2024
Cannabis lawyer John Conroy has played a crucial part in many of Canada's most important cannabis legal battles. However, why do legal battles exist in the first place? In episode 4 of The State of Craft, John shared some history of cannabis prohibition in Canada with us.
In the early 1900s, the influx of Chinese immigrants who contributed to building the railroads spurred the growth of a thriving community, particularly along the West Coast of the United States. Unfortunately, the emergence of anti-Chinese sentiment led to the initiation of drug prohibition as a means to target the Chinese population. Fueled by stereotypes and xenophobia, white communities propagated the notion of the 'yellow peril,' falsely claiming that Chinese individuals were luring women into opium dens in Vancouver. This discriminatory sentiment found legislative expression when Mackenzie King, serving as the minister of labour, enacted the Opium Narcotic Act in 1908, resulting in the deportation of numerous Chinese individuals accused of opium possession. This legislative move not only perpetuated racial biases but also served as a tool for controlling immigration and quelling labour unrest.
Meanwhile, in the southern United States, the influence of cannabis usage by Mormons who had travelled to Mexico sparked controversy within the Mormon Church. The dissent surrounding cannabis culminated in Utah becoming the first U.S. state to criminalize cannabis between 1910 and 1915. Subsequently, other groups of states, including those in the mid-west such as Texas, New Mexico, Colorado, and Montana, followed suit. The third group, comprising Connecticut, Rhode Island, New York, and New Jersey, enacted their own state cannabis laws. In the United States, criminal law is state-run rather than federal, leading to the adoption of varying cannabis regulations across different states.
In the early 1920s, Emily Murphy, Canada's first female magistrate, published "The Black Candle" in 1922, addressing drug addiction. In her book, she erroneously claimed that cannabis smokers would "become raving maniacs." This sensationalized portrayal in Maclean's magazine contributed to the inclusion of cannabis in the list of illegal drugs under the Opium Narcotics Act of 1923. Despite the fact that most Canadians were unaware of this legislation, cannabis was added to ostensibly "prohibit the improper use of opium and other drugs." The historical context reveals the intertwining threads of racial prejudice, moral panic, and legislative actions that shaped early drug prohibition in both Canada and the United States.
Cannabis found itself in the company of opium, heroin, and cocaine when it was unexpectedly incorporated into the list of prohibited drugs in the Act to Prohibit the Improper Use of Opium and Other Drugs introduced in 1923. The reasons for its addition and the individual or group responsible remain shrouded in mystery. Notably, the prohibition of cannabis did not undergo parliamentary deliberation, reflecting a general lack of understanding among lawmakers about the substance. The decision was likely influenced by the legislation passed in 10 U.S. states that had already criminalized cannabis. Remarkably, the addition of cannabis to the prohibited list garnered minimal attention at the time. Subsequently, as mandatory minimum sentences were introduced, sporadic arrests began to surface, though instances were relatively infrequent. A mere 270 possession offences were reported between 1923 and 1965.
However, the true turning point emerged in the 1960s when 'reefer madness' captured widespread attention. In response, a commission was established in 1972 to delve into the intricacies of cannabis, concluding that prohibition incurred significant costs for individuals and the state. The commission advocated for decriminalization, but its recommendations largely fell on deaf ears within the government. Cannabis persisted in the Narcotic Control Act, later evolving into the Controlled Drugs and Substances Act, where it maintained its place for an extended period.
In the year 2000, the Ontario Court of Appeal ruled that cannabis prohibition was unconstitutional due to its lack of allowance for medical use. This landmark decision marked the initial steps toward medical regulation and the eventual prospect of decriminalization. Subsequent attempts by both Jean Chretien and Paul Martin to enact decriminalization legislation proved unsuccessful. During Stephen Harper's tenure, government policies shifted, resulting in more severe sentences. However, in 2015, under Justin Trudeau's administration, a significant shift occurred with the announcement of the government's intention to legalize cannabis.
Since the historic implementation of the Cannabis Act in October 2018, the industry has achieved a significant milestone by distinguishing cannabis from other drugs, challenging the unjust stigmatization it endured for years, and opening new avenues for its legal use. This landmark legislation not only marked a turning point for the cannabis industry but also facilitated its integration into various sectors, including agriculture and tourism.
However, the journey toward comprehensive cannabis legalization in Canada is far from over. Challenges and gaps remain that need to be addressed to ensure the industry's sustainable growth and positive societal impact. The complex regulatory landscape, ongoing stigma surrounding cannabis use, and the need for further peer-reviewed research into its medicinal applications are among the key areas that require attention.
As advocates for responsible cannabis use and its continued destigmatization, the team at CertiCraft recognizes the importance of ongoing efforts to refine and enhance the legal framework. By actively participating in these discussions and contributing to the evolving landscape, we aim to shape a future where cannabis is not only accepted but also celebrated for its diverse applications and benefits. CertiCraft's commitment extends beyond the current regulatory framework as we work toward a more informed, equitable, and inclusive cannabis culture in Canada.
