British Columbia is the most progressive province yet to unfold its plans for legalization and control over cannabis forth with. The province heard from 48,951 British Columbians and other stakeholders in concluding that liquor stores alone would not be suitable for the province.
“Retail of cannabis
The province anticipates establishing a retail model that includes both public and private retail opportunities and will share details regarding the model in early 2018.”
Minimum age for consumption of cannabis is 19 with the province citing tobacco laws to justify the age restriction. This age restriction does not apply to medical patients with authorization from their doctors to use cannabis as a treatment and/or therapy. In Manitoba as we noted in a previous blog you have to be 19 to order cannabis 18 to drink alcohol and absolutely no home growing for recreational users.
The province of British Columbia has yet to be open about their position on home growing. As we scene with Manitoba Provinces can choose to opt out of the cannabis act of Canada where four plans per home was agreed and inked. Québec and Manitoba are the only two provinces that I’m aware of presently banning recreational home growing. Provincial territories can choose to opt out of the four plants per house legislation set forth in the Cannabis Act of Canada.
Like others I jumped and celebrated when the legalization task force announced four plants per home was their suggestion. Furthermore, when the federal government of Canada announced that four plants per home was in their legislation under the cannabis act it appeared all was good. Finally, and most importantly legislation for four plants per home remains in the Cannabis Act. Below is the official language and section of the act.
“Prohibitions, Obligations and Offences
(d) for an individual to possess, in a public place, one or more cannabis plants that are budding or flowering;
(e) for an individual to possess more than four cannabis plants that are not budding or flowering; or”
Seemingly this is one of the biggest dog and pony shows I’ve ever seen in my lifetime. If there is no harm to the public nor the person then cannabis plants should be free to the people. As we proved in the Allard decision cannabis has no harm. First with Justice Manson who issued the federal injunction that remains in place in present-day. Then the federal appeals bench where all three judges unanimously upheld Justice Manson’s injunction stopping the federal government from removing medical home growing. Ultimately leading to trial where we won hands down and were awarded $780,000 damages for the defendant Canada had failed to prove your assertions for removing gardening in the first place being public safety. The problem before the courts was sorting out the balance of convenience between public safety and what irreparable harm may befall the patients if they could not grow for themselves.
As the client that started Allard and hired John W Conroy QC it is very disheartening to see five years of litigation and proof of cannabis safety be disregarded by federal and provincial authorities. It was proven in Allard that not a single fire was ever attributed to medical marijuana license grow. Not a single crime of diversion had been committed by medical patient with a federal permit to grow medical marijuana. For mold it became an issue of common sense questioning? If you have moldy bread on your counter do you throw in the garbage or do you slap jam on it and eat it? Why would it be any different for the end cannabis user that grew their cannabis at home?
It remains my hope that the province of British Columbia will allow the four plants permitted under the cannabis act of Canada. In addition, I pray that other provinces will follow suit rather than force additional lawsuits, court time, taxpayers’ money, and resources that could be better used fight the fentanyl crisis, street gangs, and organized crime plaguing our streets of this great nation.
If we as Canadians don’t pay closer attention to what the policy makers that we’ve elected are doing with respect to cannabis. The end cannabis user will ultimately pay the price in the end not the large corporations not the private run provincial monopolies certainly not microbreweries. I’ve always had asked myself the simple question should cannabis as a plant be governed like a gun and restricted from the people. I can never find anything to support banning, restricting or control of a plant gifted by mother nature to man and woman. I mean I’m no idiot and focused with respect to my surroundings. Though I may not like it nor agree with it our beloved cannabis plant in all of its glorious genealogy is being boxed up and resold for the purpose of profit. At the end of the day it’s a plant no addiction rate that surpasses caffeine and absolutely no lethal death does.
We know so little about the cannabis plants genealogy, its evolutionary value nor its potential for the 480+ cannabinoids known and identified by scientists. I remain baffled at the rush to secure an box up this miraculous plant.
In closing, the evolutionary factor is defined when growers can cross plant (a) with plant (b) and produce plant © the genealogy can never be locked down nor secured. Though large corporations are trying through powerful lobbyists and political pushes they are doomed to fail. If 92 years of lies and reefer madness and jail failed to stop the people from accessing the plant it would be silly to think policy would change it now
Jason F Wilcox
Cannabis in Canada Inc