Regulating Cannabis: A Comparative Exploration of Canadian Legalization

Abstract

This article explores cannabis regulation in Canada and the United States and examines how recent legalization efforts have manifested differently in each country. Although some of these differences are explained by uncompromising constitutional structures, this comparative exercise examines each system's political choices. While emphasis is placed on the Canadian experience, this article seeks to inform and enhance policy and regulation in both countries in addition to highlighting inherent ethical issues.

The implementation and public health impacts of cannabis legalization in Canada: a systematic review

“…In the Canadian federal system, the federal government enacts legislation on criminal offences that are enforced by the provinces [8].…”

“…Defining cannabis‐related impairment in terms of a THC per se blood limit was challenging, because many other factors influence the level of impairment [ 7 ]. The government delayed the sale of cannabis extracts and edibles until October 2019 to allow for more deliberation on how to regulate them [ 8 ]. The act limited the THC dose of edibles to 10 mg but did not otherwise limit the THC levels in cannabis products [ 9 ].…”

“…In the Canadian federal system, the federal government enacts legislation on criminal offences that are enforced by the provinces [ 8 ]. Cannabis legalization accordingly required federal legislation to remove criminal penalties for adult cannabis use and to license cannabis producers and wholesalers.…”

“…Cannabis was taxed at $1 Canadian per gram (US$0.77) or 10% of the sales price, whichever was the higher [ 10 ]. The federal government retains 25% of the revenue and passes the remainder to provincial governments [ 8 ]. A 5% Goods and Services Tax is applied to all goods in Canada at the point of sale, and was also applied to cannabis.…”

“…A 5% Goods and Services Tax is applied to all goods in Canada at the point of sale, and was also applied to cannabis. The provinces may also add a provincial sales tax (PST), which varies from zero in Alberta and the Northwest, Nunavut and Yukon Territories to 10% in some Atlantic provinces [ 8 ].…”