In Focus Cannabis Legalization 4
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IN FOCUS CANNABIS LEGALIZATION 4 2020 Developments in jurisdictions with measures regulating the non-medical use of cannabis of cannabis products for medical purposes had DEVELOPMENTS IN already been allowed in Canada as early as 1999. JURISDICTIONS WITH The objectives of the current cannabis legislation in MEASURES REGULATING Canada are to keep cannabis away from young people (under 18 years of age), to prevent criminals THE NON-MEDICAL USE from profiting from the distribution and sale of can- OF CANNABIS nabis and to safeguard public health and safety by allowing adults (aged 18 and older) legal access to As at December 2019, legal provisions had been cannabis.322 Under the constitutional division of approved in Canada, Uruguay and in 11 jurisdic- powers in Canada, the federal Government and pro- tions in the United States, including the District of vincial governments have different responsibilities.323 Columbia and the Northern Mariana Islands, to As the provinces historically developed their own allow the production and sale of cannabis products systems to regulate the sale of alcohol, a similar for non-medical use. The common feature of the approach has been applied to regulate the non-med- legislation in Canada and in the jurisdictions in the ical use of cannabis products. United States is that most of them allow for-profit To monitor the outcome of the new cannabis reg- industry to produce and sell cannabis products for ulations, the Government of Canada has invested non-medical use. There are some differences in the in a formal system that may eventually help to eval- level of regulation, its implementation and the con- uate their impact and support the further trol of the non-medical use of cannabis (see tables development of policies and programmes. One of 3, 4 and 5 for details on cannabis regulations in each the main measures taken to that end is a cannabis jurisdiction in Canada, the United States and Uru- survey that established a baseline in 2018 and is guay). Moreover, those regulations are implemented repeated every quarter in order to provide objective in different local contexts and influenced by different information on trends in the use of cannabis prod- dynamics, which is likely to have a different impact ucts, both medical and non-medical, as well as on on the development of cannabis markets within each how the legal cannabis market has evolved over time. jurisdiction, on the extent of the non-medical use of cannabis and on other indicators relating to public Following an initial increase in health and safety and criminal justice. It may take 2018, cannabis use appears to have years of regular monitoring of different indicators to stabilized fully assess the outcome and impact of the legisla- At the baseline, in the first quarter of 2018, nearly tion. The sections below therefore do not represent 14 per cent of Canadians (12.2 per cent of women an attempt to assess the impact of cannabis legaliza- and 15.8 per cent of men) reported that they had tion, but rather to describe the outcome of one year used cannabis, including cannabis products for med- of implementation of different features of the legis- ical purposes, in the past three months.324 The lation, the status of legislation and the regulation of highest prevalence rates were reported among those the non-medical use of cannabis in Canada, as well aged 25–34 (26 per cent) and 15–24 (23 per cent). as the developments in Uruguay and selected juris- By the beginning of 2019, the prevalence of use in dictions in the United States. the past three months had increased to 17.5 per Legalization of the non-medical cent, and it remained close to that level until the use of cannabis in Canada third quarter of 2019 (17.1 per cent). While the 322 Canada, Ministry of Justice, “Cannabis legalization and reg- In 2018, the Government of Canada passed the ulation”. Available at www.justice.gc.ca/eng/cj-jp/cannabis. Cannabis Act, which permits the commercial pro- 323 See table at the end of the present chapter. duction and sale of cannabis products for 324 It should be noted that prevalence of use in the past three non-medical use by people aged 18 and older. The months is not a measure generally used in the World Drug Report. The information on past-three-month prevalence is new legislation and its supporting regulations came presented here only because it is the period of monitoring into effect on 17 October 2018, although the use and reporting established by Statistics Canada. 5 2020 FIG. 1 Use of cannabis in the past three FIG. 2 Use of cannabis in the past three months in Canada, 2018–2019 months across provinces in Canada, third quarter of 2018 and third quarter 35 of 2019 30 35 25 30 WORLD DRUG REPORT 20 25 15 20 10 15 Prevalence (percentage) Prevalence 5 10 0 5 Q1 Q2 Q3 Q4 Q1 Q2 Q3 (percentage) Prevalence 2018 2018 2018 2018 2019 2019 2019 0 15 to 24 25 to 34 Alberta Ontario 35 to 44 45 to 54 Quebec Manitoba Nationwide 55 to 64 65 and older NovaScotia Saskatchewan NewBrunswick Source: Statistics Canada, “National cannabis survey 2018 and Columbia British 2019”. PrinceEdward Island Note: The quarters on the horizontal axis refer to the times at which the survey was conducted. Data refer to cannabis use for Q3 2018 medical and non-medical purposes in the past three months. Newfoundland andLabrador Q3 2019 Source: Statistics Canada, “National cannabis survey: third prevalence of cannabis use in the past three months quarter 2018 and 2019”. rose in most age groups in 2019, the most marked Note: Data refer to cannabis use for medical and non-medical pur- increase was observed in the oldest age group (65 poses in the past three months. and older), for which the prevalence nearly doubled in comparison with 2018. There also seems to be a per cent of cannabis users aged 65 and older reported larger proportion of new users among older adults using cannabis for medical purposes (with or with- than in other age groups: while 10 per cent of new out proper documentation for such use). On the cannabis users were aged 25–44 in the second and other hand, nearly 60 per cent of cannabis users third quarters of 2019, more than one quarter were aged 15–24 reported the use of cannabis products aged 65 and older.325 for non-medical purposes, and one third of respond- Cannabis use has increased in all provinces but Man- ents in that age group reported using those products itoba. In most provinces, the increase between 2018 for both medical and non-medical reasons. and 2019 was rather modest. In four provinces, how- Along with the increase in prevalence, the frequency ever, cannabis use increased considerably of cannabis use also increased marginally. At the (Newfoundland and Labrador, Prince Edward beginning of 2018, some 5 per cent of the popula- Island, Nova Scotia and New Brunswick). tion aged 15 and older were daily users of cannabis Most young people are using cannabis products; by the third quarter of 2019, this propor- for non-medical purposes tion had increased to 6 per cent. Increases in the proportion of daily users of cannabis were observed There is a considerable level of overlap between the mainly among males, young people aged 18–24 and medical and non-medical use of cannabis products those aged 65 and older. in Canada, although the proportion varies by age group. In the second and third quarters of 2019, 52 Daily or near-daily use of cannabis is more frequent in younger users than in older ones. Nearly 8 per 325 Statistics Canada, “National cannabis survey: third quarter cent of people aged 15–24 and 9 per cent of those 2019”, 30 October 2019. aged 25–44 were daily or near-daily users of 6 Developments in jurisdictions with measures regulating the non-medical use of cannabis FIG. 3 Distribution of reported reasons for FIG. 4 Use of cannabis in the past three cannabis use among people who used months, by frequency of use and age cannabis in the past three months, by group, Canada, second and third age group, Canada, second and third quarter of 2019 quarter of 2019 12 100 10 90 80 8 70 60 6 50 40 4 Percentage 30 20 (percentage) Prevalence 2 10 0 0 15 to 24 25 to 44 45 to 64 65 and Overall older older 65 and Both medical and non-medical 15 to 24 25 to 44 45 to 64 Medical (with or without proper documentation) Once or twice Monthly Non-medical Weekly Daily or almost daily Source: Statistics Canada, “Cannabis survey 2019”. Source: Statistics Canada, “Cannabis survey 2019”. Note: The proportion of people between 15 and 24 using cannabis Note: Data refer to cannabis use for medical and non-medical pur- medically was considered unreliable. poses in the past three months. cannabis, compared with 4 per cent of people aged about 50 per cent one year later, and in 2019 nearly 45–64 and nearly 3 per cent of those aged 65 and 30 per cent relied solely on the legal market for their older. Men were twice as likely as women to be daily cannabis (compared with 10 per cent in 2018). or near-daily cannabis users. A commonly observed Many users relied on multiple sources to obtain their pattern of use is that regular and frequent users of cannabis, with about 40 per cent of cannabis users cannabis, such as daily or near-daily users, represent still getting their product from illegal sources.