Growing cannabis at home: the power to the provinces

Culture de cannabis à domicile: le pouvoir aux provinces

OTTAWA — The federal bill on the cannabis should be pointed out that the provinces have the power to decide whether they allow or not the cultivation of cannabis at home, such as Quebec and Manitoba wish to do so, recommends that a senate committee.

The arguments presented a few days ago in Ottawa by the minister responsible for Relations with canadian, Jean-Marc Fournier, have convinced the senators of the standing committee on legal and constitutional affairs.

In a report published late on Tuesday evening, they propose unanimously to amend the bill C-45 on the legalization of cannabis to “clarify the authority of the provinces and territories to legislate authorization for the possession, cultivation, propagation and/or harvesting of cannabis plants in specific places, including the power to prohibit”.

This recommendation goes in the direction of a suggestion made last week by the minister Fournier before the senate committee. He had argued that the provinces have the constitutional jurisdiction to prohibit the culture at home, but that clarification was needed in order to dispel any doubt.

In their report, the senators go even further, recommending the outright ban on growing cannabis at home. This proposal, adopted by majority, goes against what is provided for in the legislation of the liberals, which can grow up to four cannabis plants per household.

For the conservative senator Claude Carignan, a member of the committee, the federal government will have to consider this message. According to him, the prohibition of the culture at home doesn’t have to be against the legalisation of cannabis and believes that it is more prudent to go step by step.

In all, three major senate committees, presented Tuesday their recommendations report. One of them, the aboriginal peoples committee has bluntly suggested to refer to “at least a year,” the legalization of cannabis, arguing that the government has not adequately consulted First Nations, Inuit and Métis.

On his arrival at parliament for the meeting of the liberal caucus on Wednesday morning, the prime minister Justin Trudeau has claimed that its troops had extensive consultation prior to submitting a legislative measure.

He is now with the committee on social affairs, science and technology to see if it offers amendments to the bill, that we hope to submit to a final vote no later than June 7, to the upper chamber.

The office of the representative of the liberal government in the upper house, Peter Harder, it is estimated that to meet this schedule, the debate in third reading should begin at the latest on 22 may.

According to senator Carignan, the senators will modify certainly the bill.

The cannabis would not be legal in the country before August, or even September, because the provinces and territories will take eight to 12 weeks to put into place their plans of sales and distribution, according to what was stated by the Trudeau government.

Initially, the liberals hoped that the legalisation of cannabis would be done by July 2018. The arm of iron that had begun to engage the u.s. Senate — conservatives are fiercely opposed to C-45, even to the legalization of the substance has delayed the process.


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