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During Québec's most recent provincial elections in
October 2018, François Legault, new premier and leader of
the Coalition Avenir Québec, campaigned on a
promise to raise the legal age for purchase and consumption of
recreational cannabis in the province from 18 to 21. "It's
dangerous, this product, for young people under 25 years old, so we
have to make sure that we send the right message," Legault
told the Montréal Gazette. At a recent campaign
event he reiterated, "we shouldn't be trivializing youth
cannabis use".
Legault has moved swiftly to enact his rhetoric into law: on
December 5, 2018, Bill 2: An Act to tighten the regulation of
cannabis ("Bill 2") was introduced to the National
Assembly of Québec.
Bill 2 proposes a number of changes to the current laws
governing cannabis, including the following:
Raising the minimum age to buy or
possess cannabis or to be admitted to a cannabis retail outlet in
Québec from 18 to 21 years old;
Prohibiting the possession of
cannabis in the vicinity of colleges and universities (other than
in university residences);
Prohibiting the smoking of cannabis
on public roads on the grounds of enclosed spaces where smoking is
currently prohibited (subject to certain exceptions), and in
"all outdoor places that are open to the public";
and
Prohibiting the establishment of a
cannabis retail outlet near colleges and universities.
Currently, with the exception of Québec and Alberta, all
provinces and territories in Canada limit the possession or
purchase of cannabis to persons 19 years or older.
Critics of the proposed Bill are concerned that increasing the
legal age for purchase and consumption of cannabis will be
counterproductive to the stated purpose of federal legislation,
which is to preserve the cannabis market's integrity and ensure
a safe supply of quality cannabis.
Bill 2 still requires examination at the National Assembly and
must be given assent before coming into force. The government hopes
to have the proposed law enacted by March 2019.
Dentons' analysis
If enacted into law in their current form, these amendments
would further see Québec's cannabis regulations -
already in some respects the most restrictive in Canada - become
even less permissive. The minimum age would be the highest in the
country, while the restrictions on smoking cannabis in public may
leave renters whose landlords have prohibited it in their buildings
with nowhere to smoke a legal substance. The ultimate consequence
of the proposed changes may be to further incentive recourse to the
black market, thereby undermining the stated intent of the federal
government's legalization of cannabis.
Dentons' leading Cannabis group will continue to work
closely with industry stakeholders and provide frequent insights on
important developments. Our team regularly advises on all matters
related to the Cannabis Act and Regulations to
enable clients take advantage of the numerous opportunities that
have developed, and will continue to develop, in this industry.
About Dentons
Dentons is the world's first polycentric global law firm. A
top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm
is committed to challenging the status quo in delivering consistent
and uncompromising quality and value in new and inventive ways.
Driven to provide clients a competitive edge, and connected to the
communities where its clients want to do business, Dentons knows
that understanding local cultures is crucial to successfully
completing a deal, resolving a dispute or solving a business
challenge. Now the world's largest law firm, Dentons'
global team builds agile, tailored solutions to meet the local,
national and global needs of private and public clients of any size
in more than 125 locations serving 50-plus countries.
www.dentons.com
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