Canadians could soon be legally buying recreational marijuana if the Conservatives are toppled Oct. 19.

Canadians could soon be legally buying recreational marijuana if the Conservatives are toppled Oct. 19.

ELECTION 2015: Marijuana reform at stake

Is legal pot about to bloom or be nipped in the bud? On Oct. 19, voters could end protracted legal battles over cannabis access

This election may decide whether Canada makes a historic leap toward marijuana reform or remains a legal battleground between cannabis advocates and a resistant federal government.

Under the federal Conservatives, Ottawa has long argued pot is dangerous, unproven as a medicine, and a serious risk to youth if legal access grows.

The government has only allowed possession by authorized medical marijuana users after courts ruled in 2000 they have a right to reasonable access.

Since then, tens of thousands of Canadians became approved users and many got federal permits to grow it themselves.

Cities grew anxious about the explosion of often unsafe legal grow-ops in their midst.

That was one reason the Conservatives tried in 2014 to outlaw home growing of medical pot and force users to buy only via mail order from a new group of approved commercial producers.

Corporate growers have rushed to carve up the market while pot activists and lawyers have fought to defend and widen the ability for anyone to grow and sell the stuff.

Nowhere has that battle been more obvious than in Vancouver, where more than 100 medical pot dispensaries have opened, illegally selling weed in contravention of federal law, but largely unmolested by police.

Vancouver and other cities aim to regulate retail pot stores themselves. Ottawa wants them closed instead and threatened to send in the RCMP.

Meanwhile, time seems on the side of legalization advocates, who say the drug can be regulated and taxed much like alcohol rather than feeding organized crime.

Societal attitudes have shifted as a growing number of voters accept the case for reform.

A new Insights West poll found 65 per cent national support to legalize marijuana, with 30 per cent opposed. More than two-thirds believe pot has legitimate health benefits and that legalizing and taxing it would generate needed government revenue, while allowing police to focus on other priorities.

As more U.S. states legalize recreational marijuana – Washington has been joined by Colorado, Oregon and Alaska – B.C.’s advocates can increasingly point across the border and argue the sky has not fallen.

Where the parties stand

The Conservatives insist Canada will not follow them down a road that expands drug culture and its risks, instead promising to fund more RCMP anti-drug operations.

Conservative leader Stephen Harper upped the rhetoric this month when he called marijuana “infinitely worse” than tobacco in terms of damage to health, a claim contradicted by health experts, though they say pot poses elevated risks for teens.

The NDP would immediately decriminalize pot – leader Tom Mulcair says no one should have a criminal record for personal use – and then study further legalization options.

The Greens would legalize, regulate and tax it. Their platform banks on about $5 billion a year in marijuana tax revenue.

Under leader Justin Trudeau, the Liberals were the first major party to promise outright legalization and regulation, though they haven’t yet budgeted any tax revenue. They argue legal, tightly regulated marijuana can be kept out of kids’ hands as effectively as booze and cigarettes.

“Oct. 19 is a pretty big day for cannabis policy in this country,” says lawyer Kirk Tousaw, who has led multiple challenges of federal marijuana regulations.

He credits Trudeau with being most upfront in promising legalization at a time when many politicians remain gun shy, but believes both the Liberals and NDP would deliver major change.

A key issue if reform comes, he said, is whether anyone can grow their own pot – and even sell it at farmer’s markets – rather than just buying from corporate growers and dealers.

“My view is if you don’t have a right to grow your own cannabis you don’t live in a place where it’s actually legal.”

A re-elected Conservative government could face further proliferation of illegal retail stores – forcing Ottawa to either crack down or else concede de facto legalization in parts of the country.

Court challenges continue

A Tory victory would also continue the legal chess game between pot proponents and federal lawyers, at a rising cost to taxpayers.

The Supreme Court of Canada unanimously ruled in June that medical marijuana can legally be possessed

or sold in the form of cookies, other edibles and derivatives, not just dried bud.

So far, the government response has been to permit commercial producers to sell only medical pot oils at a low THC dosage, not other edibles.

A Federal Court judge will rule soon on another challenge – also argued by Tousaw – over whether medical patients can keep growing their own pot.

That decision could deal another blow to the new commercial production system.

“It could go either way,” Tousaw said. “Even if it’s a win for the patients, what that win looks like is probably going to be strongly influenced by what government is sitting in Ottawa.”

A re-elected Harper government confronted by more court defeats could still make medical pot access as difficult as possible by tightly regulating the amount that can be legally possessed or grown.

“Every time the courts have held a facet of the medical cannabis program in this country to be unconstitutional, the government has responded by doing the absolute minimum it can to comply with what the court has said,” Tousaw said.

Which is why pot reformers prefer a swift victory at the ballot box to clear the legal haze.

Just Posted

A young couple walks through the Othello Tunnels just outside of Hope. (Jessica Peters/Black Press)
Hope’s Othello Tunnels fully open to the public

Geological testing proved the area safe enough to open for the first time in more than a year

Migrating sockeye in the Fraser River August 7, 2007. (Fisheries and Oceans Canada)
First Nations, commercial, and recreational harvesters join forces to save Fraser River fish

‘We have to work together to rebuild these stocks while there is still time,’ says delegate

web
Father’s Day Parade planned for Mission

Classic vehicles from the 1920s to the 1970s will drive through Mission, Hatzic on June 20

Vancouver courthouse. (Photo: Tom Zytaruk)
Man loses bid to appeal conviction for 1999 rape at Abbotsford music festival

James Redden, 53, formerly of Nanaimo, was found guilty in 2019 following six-day trial

.
Fraser Health monitors long-term care vaccination rates amid local COVID-19 outbreak

COVID-19 transmission has largely been on the decline in Agassiz-Harrison

The border crossing on Highway 11 in Abbotsford heading south (file)
VIDEO: Western premiers call for clarity, timelines on international travel, reopening rules

Trudeau has called Thursday meeting, premiers say they expect to leave that meeting with a plan

B.C. Premier John Horgan listens as Finance Minister Selina Robinson presents the province’s latest budget, April 20, 2021. The budget projects $19 billion in deficits over three years. (Hansard TV)
B.C. government budget balloons, beyond COVID-19 response

Provincial payroll up 104,000 positions, $10 billion since 2017

Ocean debris is shown on Long Beach in Tofino, B.C. on April, 18, 2012. THE CANADIAN PRESS/Jonathan Hayward
Shoreline cleanup finds COVID-related trash increased during height of the pandemic

Great Canadian Shoreline Cleanup reports litter from single-use food packaging nearly doubled

Doctor David Vallejo and his fiancee Doctor Mavelin Bonilla hold photos of themselves working, as they kiss at their home in Quito, Ecuador, Wednesday, June 9, 2021. Doctor Vallejo and Doctor Bonilla suspended their wedding in order to tend to COVID-19 patients and in the process Vallejo got sick himself with the disease, ending up in an ICU for several days. (AP Photo/Dolores Ochoa)
Love, sacrifice and surviving COVID-19: one couple’s story

COVID hits Ecuadorian doctors who delayed wedding to treat sick

Cover of the 32-page Surrey First Peoples Guide for Newcomers, created and compiled by Jeska Slater.
New ‘Surrey First Peoples Guide for Newcomers’ seeks to ‘uplift and amplify’ voices

32-page guide launched Tuesday by Surrey Local Immigration Partnership (LIP)

West Coast Duty Free president Gary Holowaychuk stands next to empty shelves inside his store on Tuesday (June 15). (Aaron Hinks photo)
Revenue down 97% at Surrey duty free as owner waits for U.S. border to reopen

Products approaching best before dates had to be donated, others destroyed

St. Joseph's Mission site is located about six kilometres from Williams Lake First Nation. (Photo submitted)
Williams Lake First Nation to search residential school site for unmarked graves

St. Joseph’s Mission Indian Residential School operated from 1886 to 1981

Tuesday’s Lotto Max draw went unclaimed. (Photo courtesy of BCLC)
Tuesday’s Lotto Max draw went unclaimed. (Photo courtesy of BCLC)
Lotto Max jackpot goes unclaimed again

42 of the 64 Maxmillion prizes of $1 million were won, the majority were sold in Ontario

FILE - This July 6, 2017 file photo shows prescription drugs in a glass flask at the state crime lab in Taylorsville, Utah. (AP Photo/Rick Bowmer, File)
Contaminants in generic drugs may cause long-term harm to DNA: B.C. researcher

Scientist says findings suggest high volume overseas facilities require strict regulation

Most Read