CANNABIS TODAY IN COMMUNITY CANNABIS EDUCATION by CANADA PONTIAC GROUP http://www.cannabisbusinesstim es.com/banding-together.aspx http://anishinabeknews.ca/201 7/04/28/first-nation-owned- and-operated-firm-looks-to- advance-economic- development-initiatives/ https://www.leafly.com/news/c anada/indigenous-cannabis- revitalizing-first-nation- economies-through-legalization Pontiacgroup.ca STORIES ON PONTIAC LEADERSHIP Concerns of Public Interest Regulatory Medical Economic CANNABIS 101 Brief History of Cannabis in North America Pontiac Group and around the world Science and Medicinal FN awareness Thinking Provincial and Business Federal opportunities Government activity Prohibiting Sale of Cannabis from OCS Writing own laws concerning cannabis retail and cultivation Minister Blair informs Aboriginal Peoples Standing Committee (Senate) that FN’s who desire to set up autonomous-framework aligned with provincial and federal framework will be able to do so FIRST NATION CANNABIS 7 Leaf first cultivation license on-reserve MOVEMENT 250 community engagements 90% favourable outcomes Elders: ‘bad smoke’ … So a health approach Youth: recreational use … So a health approach General: Profit …. So an economic approach Overall, a public health focus within the Nation, and a public PONTIAC’S EXPERIENCE WITHIN market focus outside the Nation. AN EDUCATION CONTEXT Currently, illegal 1 Shut down on many reserves, often by order of Council. 2 Section 35 of 1985 Constitution which permits Indigenous people to use traditional medicines. 3 Cannabis production and sale EDUCATION CONTEXT: on-reserve is a contested issue DISPENSARIES with no clear jurisprudence yet. CASE STUDY: 6 NATIONS & MOHAWKS BAY OF QUINTE http://www.cbc.ca/news/indigenous/first-nations-entrepreneurs- are-asserting-sovereignty-and-seizing-the-new-cannabis- economy-1.4481747 In 6 Nations, the raids are supported by Council; but Chief Hill believes Ontario rules do not apply in her jurisdiction In Mohawks of the Bay of Quinte territory, Chief Maracle, has 45+ dispensaries operating. Spokesperson for Attorney General of Ontario: provinces cannabis laws apply on reserve; open to working with communities to handle cannabis sales within the framework of the law. Spokesperson for the Prime Minister: The sale of any cannabis outside the licence regime will remain a criminal offence. HISTORY IN CANADA & AROUND THE WORLD TIMELINE OF LEGALIZATION IN CANADA ACMPR 2016 C-45 2018 ACMPR: ACCESS TO CANNABIS FOR MEDICAL PURPOSES REGULATIONS In June 2015, the Supreme Court of Canada, in R. v. Smith, decided that Over time, court restricting legal decisions resulted in access to only a number of dried marijuana The ACMPR is This led to the changes to the was Canada's response implementation of MMAR. In June unconstitutional. The to the Federal Legal access to the Marihuana 2013, the Court decided that Court of Canada's The ACMPR are dried marijuana for Medical Access Government of individuals with a February 2016 designed to medical purposes Regulations Canada medical need have decision in Allard v. provide an was first provided (MMAR) in 2001. implemented the the right to use and Canada. This immediate solution in 1999 using The MMAR Marihuana for make other decision found that required to unique section 56 enabled individuals Medical Purposes cannabis products. requiring address the Court exemptions under with the Regulations To eliminate individuals to get judgement. Moving the Controlled authorization of (MMPR). The MMPR uncertainty around their marijuana forward, Health Drugs and their health care created conditions a legal source of only from licensed Canada will Substances Act practitioner to for a commercial supply of cannabis, producers violated evaluate how a (CDSA). The access dried industry responsible the Minister of liberty and security system of medical decision in R. v. marijuana for for the production Health issued rights protected by access to cannabis Parker in 2000 medical purposes and distribution of section 56 class section 7 of the should function held that by producing their marijuana for exemptions under Canadian Charter alongside the individuals with a own marijuana medical purposes. the CDSA in July of Rights and Government's medical need had plants, designating Under the MMPR, 2015, to allow, Freedoms. The commitment to the right to possess someone to individuals with a among other things, Court found that legalize, strictly marijuana for produce for them medical need could licensed producers individuals who regulate and medical purposes. or purchasing access quality- to produce and sell require marijuana restrict access to Health Canada controlled dried cannabis oil and for medical marijuana. supply. marijuana fresh marijuana purposes did not produced under buds and leaves in have "reasonable secure and sanitary addition to dried access". conditions. marijuana, and to allow authorized users to possess and alter different forms of cannabis. WWW.MARIJUANALAWS.CA/ACMPR- PRODUCTION.HTML Overall, the ACMPR contain four parts. Part 1 is similar to the framework under the MMPR. It sets out a framework for commercial production by licensed producers responsible for the production and distribution of quality-controlled fresh or dried marijuana or cannabis oil or starting materials (i.e., marijuana seeds and plants) in secure and sanitary conditions. Part 2 is similar to the former MMAR regime. It sets out provisions for individuals to produce cannabis at home for their own medical purposes or to designate someone to produce it for them. Parts 3 and 4 include: Transitional provisions, which mainly relate to the continuation of MMPR activities by licensed producers Consequential amendments to other regulations that referenced the MMPR (i.e., Narcotic Control Regulations, New Classes of Practitioners Regulations) to update definitions and broaden the scope of products beyond dried marijuana Provisions repealing the MMPR and setting out the coming into force of the ACMPR on August 24, 2016 As of August 24, 2016, Health Canada will accept applications from individuals who wish to register to produce a limited amount of cannabis for their own medical purposes or to designate someone to produce cannabis for them. Under the ACMPR, Health Canada will continue to accept and process applications to become a licensed producer that were submitted under the former MMPR. Further, all licences and security clearances granted under the MMPR will continue under the ACMPR, which means that licensed producers can continue to register and supply clients with cannabis for medical purposes. New applicants can continue to apply for licences to produce under the ACMPR. Federal legislation enacted by the Trudeau government Furthering cannabis beyond medicinal and into non- medicinal use as well; what most call recreational, and that required changes to the criminal code as well as brand new legislation. Provinces also have their own Cannabis Act. Effective October 18, 2018. CANNABIS ACT, BILL C-45 & BILL https://ocscannabisupdates.com C-46, ACT TO AMEND THE / CRIMINAL CODE BILL C-45 (APRIL 13, 2017) The objectives of the Act are to prevent young persons from accessing cannabis, to protect public health and public safety by establishing strict product safety and product quality requirements and to deter criminal activity by imposing serious criminal penalties for those operating outside the legal framework. The Act is also intended to reduce the burden on the criminal justice system in relation to cannabis. https://openparliament.ca/bills/42-1/C-45/ https://globalnews.ca/news/428594 6/marijuana-legal-date-october-17- canada-trudeau-confirms/ Passed Senate June 19 and announced October 18, 2018 as official date Reason is that Trudeau promised provinces and municipalities 12 weeks notice, no First Nation notice No edibles until 2019! 19 years of age, online, and home grow in all of Canada* (18 in AB & QC) No police devices for impaired cannabis driving have been BILL C-45 NEWS approved Age of use Place of use Purchase Limits Source of Product (home grow or LP or both) Variety of Product (edibles, flower, oils) Referendum or By-Law procedure Or banishment: letter to minister of finance CODE CANNABIS ON-RESERVE WHAT THE PROVINCE OF ONTARIO HAS REPEATED CAMH SUGGESTIONS COUNCIL CAN IMPLEMENT THE PROVISIONS LISTED HERE, SIMILAR TO ON, AND CANADA. MEDICAL V RECREATIONAL Doctors and Age of Majority Dr. Rx Celebrity PhDs as representatives representatives ACMPR CBD focus Cannabis Act THC focus Non-smoking Smoking methods & Target: relief methods Target: Euphoria sugary of symptoms (topical cream, consumables oral pill) (pops, gummies) Medicinal Non-Medicinal THC & CBD USES Image: Leafly ENDOCANNABINOID SYSTEM: HOMO SAPEIN https://www.youtube.com/watch?v=Vtc11kRinf4 SCIENCE FILME HOME GROW HOME GROW Ontario allows 4 plants per residence so does the Federal Government https://www.canada.ca/en/services/health/campai gns/introduction-cannabis-act-questions- answers.html#a4 Likely, reserves will too; if you own the residence or have a medical license. OCS Retail model for Province of Ontario Detailed in Ontario’s Cannabis Act and Ontario’s Retail Cannabis Corporations Act LCBO controlled entity SASKETCHEWAN NEWS ON TAX Here is a sample breakdown from the federal Department of Finance's website of how the purchase of one gram of dried cannabis looks for a non-status person who pays GST/HST. Pre-duty price: $8 Excise duty (per gram): $1 Subtotal: $9 GST/HST: $1.17 Total: $10.17 http://www.cbc.ca/news/indigenous/first-nations-tax-exempt-cannabis-1.4481386