16 ms·
With the way the feds wrote the Cannabis Act, it's actually within a province's power to outright ban the sale of cannabis within their jurisdiction, should the
by retrac 7y ago
With the way the feds wrote the Cannabis Act, it's actually within a province's power to outright ban the sale of cannabis within their jurisdiction, should they wish.
Basically, the federal law removed the criminal prohibition for trafficking and possession, only if the sale/possession is authorized by a provincial law that conforms with certain requirements laid out in the federal law.
Specifically:
69 (1) A person may possess, sell or distribute cannabis if the person is authorized to sell cannabis under a provincial Act that contains the legislative measures referred to in subsection (3)
[...]
(3) (a) they may sell only cannabis that has been produced by a person that is authorized under this Act to produce cannabis for commercial purposes; (b) they may not sell cannabis to young persons; (c) they are required to keep appropriate records respecting their activities in relation to cannabis that they possess for commercial purposes; and (d) they are required to take adequate measures to reduce the risk of cannabis that they possess for commercial purposes being diverted to an illicit market or activity.
All the provinces have enacted laws compatible with the requirements there, but each did so slightly differently.
Production remains more closely held by the federal government, and is regulated directly.