Legislation that permitted the national legalization of recreational cannabis in Canada in 2018 shook the world as it became the first developed nation to do so and only second to Uruguay for doing it at all. While the Cannabis Act and decriminalization did make justice a bit fairer and there seems to be a decrease in the “heavily racialized” arrests for possession as seen in the past… did Canada live up to all its vows?
Promises were made by the Canadian government for amnesty along with a decrease in illicit sales and the inclusion of indigenous sellers. Keep reading to find out whether the promises made – have been kept.
Cannabis Possession Crimes Pre-2018
Amnesty is always an issue when it comes to any type of cannabis decriminalisation law. The question naturally arises, what do you do with people who are serving previous sentences for crimes that occurred pre-legalisation? Furthermore, what about the implications for those with a record for possession or related charges?
The police recorded 26,402 possession cases in 2018 pre-October of that year when the legalisation of recreational smoke went into place. In 2019, the total number dropped to 46, because it is still considered illegal to possess more than 30 grams of bud at one time.
Many people served extensive time in jail for crimes related to simple possession of marijuana, or in the case of Robert from Montreal, it was a small amount of hashish. His initial charge bought about 30 days in jail and caused him to lose his part-time job as a translator. His story was featured in the NYT where he was quoted:
“Back then, you smoke a joint, you would get arrested. Then the cops would put you in a car, then pull over and give you a couple of shots in the head. You get slapped around just because of smoking.”
Robert was arrested in 1988 as a teenager. While he was in prison, he learned about burglary, which became a new career for him on the streets after he was released. He says that “it was like school. I went there for smoking and then guys are showing me how to open doors.”He spent a total of almost 14 years being locked up over offences related to buying/possessing drugs or stealing things to buy drugs.
Promises Made When Canada Legalised Recreational Pot
When recreational cannabis became legal nationwide, it was stories, such as Robert’s, that resonated with people throughout Canada. Prime Minister Justin Trudeau vowed to address the several inequalities and harsh penalties that existed in the current framework and he also identified the lifelong struggles and burdens that can happen as a result. In particular, the disproportionate marginalisation of communities, such as indigenous and black Canadians, was talked about and the government vowed to correct the injustices.
One professor, Akwasi Owusu-Bempah, who works at the University of Toronto in the sociology department confirms that these “heavily racialized” arrests have essentially ended since decriminlisation.
Which of these vows remain unfulfilled? There was a legal for-profit system for selling marijuana throughout Canada in dispensaries (both brick-and-mortar and online), that was created to serve the supply and demand needs in Canada. Despite this market, illicit sales thrive. This makes it difficult for the various cannabusiness endeavours that are trying to make a living within the legal framework – to do so. Furthermore, the indigenous people feel like their market needs are also being ignored.
Fairness and Equality Were the Backbones of Promises
Mr. Trudeau’s proposal to legalize recreational cannabis throughout Canada was not favoured by all the population. In order to help persuade the public, arguments were used based upon the creation of an environment of fairness and inclusion were used.
Prime Minister Trudeau even brought up a story in which his brother (who was killed in an avalanche six months later), was arrested with a couple of joints in 1998. Because his father was a former prime minister, they were able to get the charges to “go away,” and he felt that this should not be a luxury for the wealthy. In 2016, Trudeau told Vice Magazine:
“We were able to make those charges go away. We were able to do that because we had resources, my dad had a couple of connections, and we were confident that my little brother wasn’t going to be saddled with a criminal record for life.”
Legislation that Affects the Indigenous Cannabis Retailers
People have been buying weed from Indigenous sellers in Canada for many years, even long before recreational weed became legal. Even two years post legislation, there are still many customers who operate outside the framework put in place for the sellers to operate. A lot of people claim that these places are great options for buying bud because they have a great selection, and it’s they’re cheap. Some sellers even comment that the Indigenous Canadians are a pleasure to do business with.
In Ontario, the provincial police show respect to these stores, mostly that operate along the “Green Mile.” Typically, they only get involved if the intervention has been requested by a leader of one of the local communities.
However, just because they are not shutting them down does not make them exactly “legal”. These indigenous dispensaries fall into a grey market area, despite the government’s promises to offer inclusion to the indigenous for participation in this system or the autonomy to operate within their own framework.
Lack of Diversity Among the Legal Cannabis Market in Canada?
Legal players and stock exchange investors went crazy and invested millions into supersized greenhouses, etc. when cannabis became legal nationwide in 2018 in Canada. While a lot of these execs reported multimillion-dollar losses, an analysis by Professor Owusu-Bempah showed that only two percent of the company’s leadership people were Indigenous and only one percent were black.
“African-Canadians and other racialized Canadians that were adversely affected by cannabis prohibition need to be given a chance to benefit from the fruits of legalization. We had this situation where Black and Indigenous people were being overly criminalized. Now they’re being left out of what is a multibillion-dollar industry.”
The Black Market Doesn’t Seem to Be Going Away
One of the promises made by Trudeau was that by controlling the marijuana market in Canada, they would be able to prevent the criminal organisations from making billions in profits annually. He also ensured that the regulations and Canadian cannabis laws would protect the potency and purity of products and also help keep cannabis out of the hands of minors.
One look at Vancouver’s marijuana scene shows this didn’t exactly go as planned. There are at least 19 unlicensed shops that are known about currently. Also, there are 34 operators who are licensed, but still, the sales outside the legal channels are not on the decline.
Statistics Canada is a census agency that recently found that “28 percent of Canadians shopped for marijuana exclusively at legal stores and websites, while 58 percent used a mix of legal and illegal sources.”
Key Takeaways:
Canada’s bold marijuana legislation has delivered on many promises for making a more equitable Canada. However, there’s a lot of work that still needs to be done to keep the vows. Issues regarding people still living with criminal records, the illegal cannabis market, and making sure Indigenous sellers receive fair treatment are still in the works.
