Canada's New Landscape for Cannabis
Total Page:16
File Type:pdf, Size:1020Kb
Adults can now legally purchase fresh or dried cannabis, cannabis oil, seeds and plants for cultivation. Other products, such as edibles and concentrates, will FEATURE REPORT be available for legal sale within one year following enactment of Canada’s New the Cannabis Act. Landscape for Cannabis Use While it has been legal for Canadians to obtain and consume cannabis for medical purposes since 2001, cannabis for recreational purposes became federal law effective October 17, 2018 with the passage of the Cannabis Act. The Cannabis Act includes regulations for controlling the production, distribution, sale and possession of cannabis, whether medical or recreational, across Canada. This feature report looks at the legal use of cannabis, for both medicinal and recreational purposes, and how it impacts ONA members in their workplaces, as it relates to their private use and administration of cannabis to their patients, clients or residents. u page 2 Cannabis and the Workplace – What You Need to Know u page 4 About Cannabis u page 6 AUGUST-SEPTEMBER 2019 Part 14 of the Cannabis Regulations specifically addresses access to cannabis for medical purposes, and replaces the Access to Cannabis for Medical Purposes Regulations (ACMPR), which is no longer in force. As a result, cannabis is no longer a controlled substance under Schedule II of the Controlled Drugs and Substances Act. dults are now able to To obtain medical cannabis, an legally purchase fresh or individual must be evaluated by dried cannabis, cannabis and receive medical documentation A oil, seeds, and plants for from a physician or nurse cultivation. Other products, such practitioner (NP). The individual as cannabis edible products and will then need to register with concentrates, will be legal for sale Health Canada and receive a in Fall 2019, approximately one registration certificate, which grants Recreational Cannabis – year after the Cannabis Act came legal authority to use cannabis for What Has Changed? into force. medical purposes. The Cannabis Act legalized the use of recreational Medical Cannabis Individuals who need access to cannabis effective The production and sale of medical cannabis for medical purposes October 17, 2018. cannabis has been legal since 2001. may do so in three ways: 1) by Under this new federal For those who have been authorized registering with a licensed producer; legislation, individuals 18 to use cannabis for medical 2) by registering with Health years or older are able to: purposes by an authorized health- Canada to produce a limited amount care practitioner, their access will of cannabis for their own medical 1. Possess up to 30 grams not change under the Cannabis Act. purposes; or 3) by designating of dried cannabis or the someone to produce it for them. equivalent in non-dried In health care, medical cannabis form for personal use. use isn’t new. Doctors are finding No matter how individuals obtain 2. Share up to 30 grams that cannabis has a place in the cannabis for medical purposes, their of legal cannabis with treatment of a number of medical possession limit is the lesser of a other adults. conditions that could replace or cut 30-day supply or 150 grams of 3. Purchase dried or fresh back on the use of drugs that have dried marijuana or the equivalent cannabis oil from a debilitating side effects. The science amount if in another form. provincially-licensed underlying the therapeutic use of retailer. cannabis is evolving. 4. Grow, from licensed seed Growing optimism over marijuana legalization’s impact on Canada or seedlings, up to four plants per residence, June 2018 October 2018 provided they are not 51 more than one metre high (from licensed seeds). 38 5. Make cannabis products, 24 such as food and drinks, 20 21 18 17 at home (provided that 11 organic solvents are Total Total not used). ¢ Positive effect ¢ No effect either way ¢ Negative effect ¢ Don’t know Source: yougov.com 2 August-September 2019 Strict Legal Framework The Provincial Picture – DID YOU KNOW The Cannabis Act includes Ontario Legislation regulations for controlling the To support the federal legalization production, distribution, sale of cannabis for recreational Not all forms of and possession of cannabis purposes, the Ontario government cannabis are yet across Canada. passed the Cannabis Statute Law available for legal Amendment Act 2018 (Cannabis sale under the Federal, provincial and territorial Control Act) on October 17, Cannabis Act. governments share responsibility for 2018. The law governs the sale, overseeing the cannabis regulation distribution, possession, cultivating, system. The federal government’s propagation and harvesting of responsibilities are to set: cannabis in Ontario. • Strict requirements for producers who grow and manufacture The Cannabis Control Act prohibits cannabis. persons under 19 years of age • Industry-wide rules and from possessing, consuming, Other products, such as edibles standards, including: and purchasing or attempting to and concentrates will be - types of cannabis products purchase, distributing, cultivating, available for legal sale within one year following enactment available for sale, and propagating or harvesting cannabis of the Cannabis Act. - packaging, labelling (or offering to cultivate, propagate requirements and potency. or harvest it). Additionally, only Ontario licensed retailers can sell or distribute cannabis. The legislation On October 17, 2018, it establishes the following: became legal in Canada • The legal limit: Persons under 5.3 million to possess and use 19 are prohibited from cannabis for recreational possessing, consuming and purposes under the purchasing cannabis. Canadians aged 15 years federal Cannabis Act. • The public possession limit: The and older who reported maximum allowed is 30 grams. using cannabis in the last three months. • Smoking cannabis is legal where Provinces and territories are tobacco smoking is allowed responsible for developing, (“controlled areas” in long-term implementing, maintaining and care homes, retirement homes, enforcing systems to oversee the residential hospices, provincially- % distribution and sale of cannabis. funded supported housing, 13 They are also able to set their own and designated psychiatric or safety measures, such as: veteran’s facilities). • Increasing the minimum age. • Smoking cannabis in workplaces Canadian workers who • Lowering the personal or on hospital property is consumed cannabis before possession limit. prohibited. or during work. • Creating additional rules for • Cannabis is sold through private growing cannabis at home. retail stores and online under • Restricting where adults can the regulation of the Alcohol and consume cannabis, such as in Gaming Commission of Ontario. 646,000 public or in vehicles. Cannabis users reported trying cannabis for the very first time during the first quarter of 2019. RESOURCES: www.cno.org/en/search/?q=cannabis www.ontario.ca/page/cannabis-laws Source: The National Cannabis www.canada.ca/en/health-canada/services/drugs-medication/cannabis/ Survey (NCS) – May 2019 medical-use-cannabis.html ONA FEATURE REPORT 3 Cannabis and the Workplace – What You Need to Know Requirement to Be Fit for Duty Employees have an existing duty to ensure they report fit for duty. This duty is heightened in the case of regulated health professionals. Although recreational cannabis is now allowed under the law, employees are not permitted to be impaired at work. hey need to consider There are two types of employer If you practice in hospital, long- cognitive impairments policies: term care and hospice settings, and other adverse mental it is important to note that each T effects that could impact 1. Administration of medical can make specific determinations their ability to practice safely cannabis to patients: about access to medical cannabis, at work. The new Cannabis Regulations give and nurses are only authorized all nurses the authority to administer to administer medical cannabis if Cannabis use engages both medical cannabis to patients who hospital, long-term care facility or regulatory standards and employer are authorized to use it, in hospital, hospice policy permits and supports rules to not be impaired or under home-care, long-term care and this activity. Nurses are accountable the influence while at work. hospice settings. for understanding and adhering to employer policies, as well as other Unlike alcohol, there is no current When administering any medication legislation that may relate to the consensus on safe limits for to patients, nurses are accountable administration of medical cannabis. consuming cannabis. The effects for adhering to the College of Nurses’ of cannabis on individuals vary of Ontario (CNO) Medication Practice If you practice in a home-care widely depending on the THC (delta- standard. Nurses must ensure that they setting, specific considerations 9-tetrahydrocannabinol) content are able to administer the medication apply. Policies to address the use of (the active ingredient in cannabis), safely and competently, and manage cannabis (medical or recreational) frequency of use, and other factors, the potential outcomes of administering in home-care settings must be such as combined use with alcohol it. The CNO’s Medical Decision Toolkit developed to recognize that or other drugs. can assist nurses when faced with the home-care setting is also a decisions regarding medical practices. workplace. Cannabis use in Canada, by sex and age group, 2013-2017 35 Source: Canada, Health Canada, 30 “Canadian