The non-medical use of drugs : interim report.

  • Canada. Commission of Inquiry into the Non-medical Use of Drugs.
Date:
1971
Catalogue details

Licence: In copyright

Credit: The non-medical use of drugs : interim report. Source: Wellcome Collection.

    347/452 (page 345)
    by police, prosecutors and judges in such manner as to minimize _ the impact of the criminal law in respect of the offence of simple possession of cannabis. 467. Since cannabis is clearly not a narcotic (see paragraph 147) we recommend that the control of cannabis be removed from the Narcotic Control Act and placed under the Food and Drugs Act. Since it is generally considered to be a mild hallucinogenic or intoxicant, it would not be inappropriate to classify it with the restricted drugs in Schedule J of Part IV of the Food and Drugs Act, although it could be given a separate classification of its own. This change can be made by the Government without the necess- ity of legislation in virtue of Section 14 of the Narcotic Control Act which provides that ‘The Governor-in-Council may, from time to time, amend the Schedule by adding thereto or deleting therefrom any substance, the inclusion or exclusion of which, as the case may be, is deemed necessary by him in the public interest’ and the provision to the same effect which is applicable to Part IV of the Food and Drugs Act. Changes in the penalties governing drug offences will of course require legislation. 468. Considerable concern has been expressed during the initial phase of our inquiry over the severity of the penalty and some of the sentences for trafficking in cannabis, particularly for the marginal trafficking of a relatively petty nature which takes place between users. We share this concern. Under the Narcotic Control Act trafficking is defined very broadly not only to include giving but also offering to give, and a person convicted of trafficking or possession for the purpose of trafficking in cannabis is liable to life imprisonment. A person convicted of importing or exporting cannabis is liable to imprisonment for a minimum of seven years and for as much as life. These penalties are obviously grossly excessive, in view of what we now know of the likelihood of harm and the patterns of use and distribution of cannabis. They would no longer apply if cannabis was brought under the control of Part IV of the Food and Drugs Act. Certainly, there’ is no reason why the penalties for trafficking in cannabis should exceed those for trafficking in LSD. The question is whether they should be as severe. Part IV of the Act provides 345