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The Emergence of the Cannabis Act: a Case Study

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The Emergence of the Cannabis Act: a Case Study The emergence of the Cannabis Act: A case study by Ashley Braun B.A. (Hons.), University of the Fraser Valley, 2017 Thesis Submitted in Partial Fulfillment of the Requirements for the Degree of Master of Arts in the School of Criminology Faculty of Arts and Sciences © Ashley Braun 2019 SIMON FRASER UNIVERSITY Spring 2019 Copyright in this work rests with the author. Please ensure that any reproduction or re-use is done in accordance with the relevant national copyright legislation. Approval Name: Ashley Braun Degree: Master of Arts Title: The emergence of the Cannabis Act: A case study Examining Committee: Chair: Bryan Kinney Associate Professor Neil Boyd Senior Supervisor Professor Martin Bouchard Supervisor Professor M-J Milloy External Examiner Assistant Professor Department of Medicine University of British Columbia Date Defended/Approved: April 12, 2019 ii Abstract This case study identifies the key factors that preceded the introduction of the Cannabis Act, using newspaper articles from the Globe and Mail between January 1, 2000 and April 14, 2017. It develops a chronology of cannabis-related events that influenced the social, political, or legal nature of cannabis, and categorizes other stories into five major themes: judicial decisions, medical regulations, commercial industry, international developments, and public opinion. Analysis reveals three key findings that set the stage for legalization, including the government’s failure to create a constitutionally sound cannabis access program, Colorado and Washington’s legal precedent, and a ballooning commercial industry. Law reform benefits, such as product quality, accessibility, and tax revenue are discussed and contrasted with several limitations of the Act, including consumption-related risks, criminal penalties, and ongoing stigma. Overall, the Act is a bold reform that marks a new era in Canadian drug policy. Keywords: cannabis legalization; cannabis policy; criminal law reform; case study iii Dedication For Opa, Jacob Banman (1931-2019). iv Acknowledgements “First find out what you are capable of, then decide who you are.” – Tara Westover First and foremost, I would like to thank God. Thank you for your faithfulness, protection, and provision, and for giving me the strength, wisdom, and peace necessary to complete this project. Also, I must thank my incredible supervisory committee for their time and efforts in reviewing this work. This project would not have been possible without the support and encouragement of my senior supervisor, Professor Neil Boyd. Thank you for inspiring me and introducing me to the world of cannabis policy and law reform. I would also like to thank the other members of my supervisory committee, Dr. Martin Bouchard and Dr. M-J Milloy, and the chair of my defence, Dr. Bryan Kinney. I am truly grateful for the opportunity to work with such exceptional academics. And to my husband Curtis; we did it! I could not have done this without you. Thank you for your unwavering support, for pushing and challenging me to be better, and for putting things in perspective. You have been by my side through every step of this journey and I am delighted to share my success with you. I love you and am thrilled to see where God leads us. Lastly, a big thank you to the incredible, stalwart, and tenacious Reddicopp and Braun families. I would not be here today without your love and support. Thank you to Mom and Dad Reddicopp, Mom and Dad Braun, Breanne, Ruby, Alana, Greg, Wes, and Evaya, for always believing in me and praying for me. I think it’s time for some cake! v Table of Contents Approval .......................................................................................................................... ii Abstract .......................................................................................................................... iii Dedication ...................................................................................................................... iv Acknowledgements ......................................................................................................... v Table of Contents ........................................................................................................... vi List of Tables .................................................................................................................. ix List of Figures.................................................................................................................. x Chapter 1. Introduction .............................................................................................. 1 Chapter 2. Background Information .......................................................................... 4 2.1. What is cannabis? ................................................................................................. 4 2.2. History of cannabis in Canada ............................................................................... 6 2.2.1. Hemp in New France ..................................................................................... 6 2.2.2. “A solution without a problem” ....................................................................... 6 2.2.3. “Saga of promise, hesitation, and retreat” ...................................................... 9 2.3. Alternative regulatory models .............................................................................. 12 2.3.1. Design options ............................................................................................. 12 2.3.2. Depenalization ............................................................................................. 15 2.3.3. Decriminalization ......................................................................................... 16 2.3.4. De jure legalization ...................................................................................... 18 2.3.5. De facto legalization .................................................................................... 19 2.3.6. Legal regulation ........................................................................................... 20 Colorado .................................................................................................................... 21 Washington ................................................................................................................ 21 Uruguay ..................................................................................................................... 23 Canada ...................................................................................................................... 23 2.4. Theoretical framework ......................................................................................... 24 Chapter 3. Methods .................................................................................................. 27 3.1. Study objectives .................................................................................................. 27 3.2. Research design.................................................................................................. 27 3.2.1. Case study analysis ..................................................................................... 27 3.2.2. Data source and access .............................................................................. 28 3.2.3. Sampling procedure..................................................................................... 28 3.3. Data analysis ....................................................................................................... 30 3.4. Ethical considerations .......................................................................................... 33 Chapter 4. Results: Critical Events ......................................................................... 35 4.1. R v Parker (2000) ................................................................................................ 35 4.2. R v Krieger (2000) ............................................................................................... 37 4.3. Marijuana Medical Access Regulations (2001) .................................................... 38 4.4. Senate Special Committee (2002) ....................................................................... 39 vi 4.5. House of Commons Special Committee (2002) ................................................... 40 4.6. Bill C-38 (2003) ................................................................................................... 41 4.7. Bill C-10 & C-17 (2004)........................................................................................ 42 4.8. Reform ballot in Colorado and Washington (2012) .............................................. 42 4.9. Reform in Uruguay (2013) ................................................................................... 44 4.10. Marijuana for Medical Purposes Regulations (2014) ....................................... 46 4.11. Vancouver regulates dispensaries .................................................................. 49 4.12. Reform ballot in California (2016) .................................................................... 50 4.13. Access to Cannabis for Medical Purposes Regulations (2016)........................ 52 4.14. Bill C-45 (2017) ............................................................................................... 52 Chapter 5. Results: Key Themes ............................................................................. 56 5.1. Judicial decisions ................................................................................................
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