Canadian Legislative News

Cannabis is now one step closer to being legalized in Canada, despite opposition from conservative senators and employer groups. On June 7, 2018, the Senate approved legislation to legalize marijuana by a vote of 56 to 30, with nearly four dozen amendments included. The bill will now go back to the House of Commons, where amendments will need to be approved or rejected.

This is a significant step nonetheless, as over the past months it has been unclear if the Senate would give its stamp of approval because of a variety of concerns coming from dozens of groups. Some provinces have stated that they wouldn’t be ready for legalization and some employer groups have attempted to influence the legislation by including more workplace safety measures. None of these concerns have been addressed.

Nonetheless, the Senate has passed amendments that the governing Liberals may not be happy to accept. For example, one such amendment allows provinces to prohibit at-home cultivation of cannabis if they choose, rather than accept the four marijuana plants-per-dwelling allowed under the original bill. Another would prohibit cannabis companies from promoting brands on giveaways such as t-shirts or hats.

The main timeline included in the bill continues as planned. It is expected that it will be debated in the House of Commons as soon as possible in order to be passed prior to the summer. Following that, there will be a 2-to-3-month transition period for police forces and provinces to adapt to legalized recreational cannabis.

For employers who operate in sensitive industries, this could be concerning. It will be up to individual provinces to ensure that they update their own laws to ensure workplace safety, especially since verifiable cannabis effects are much harder to detect than alcohol.

Employer groups in Ottawa attempted to get the legislation to include random testing. However, some groups saw that as an infringement on workers freedoms. The government also needs to determine which tool law enforcement agencies, companies, and provinces can use to determine if someone is under the influence.