JungleStrikeGuy
Well-Known Member
Since it seems we might actually be covering new ground here, here's my 2 cents on prohibition 2.0.
The words 'prohibition' (to restrict) and 'legalization' (to make legal) are opposite concepts, but simply because the government labels what they are doing as 'legalization' doesn't mean it's not going to be an evolution of prohibition.
In a perfect world, cannabis would be taken off the CDSA and done deal, but for a variety of reasons that's not going to happen. So, 'legalization' could very well be another flavor of prohibition if home grows are not allowed, distribution is restricted to mail order or mail order + pharmacy (you can see all the greedy pharmacy retailers wanting in already). In these cases, I would definitely consider any 'legalization' scheme as just another flavour of prohibition.
JT has made it quite clear his prime motivation for legalization is making it harder for children to get a hold of / out of the hands of organized crime, and has also made clear is mechanism of action will be 'strict' regulation. What does that mean? We won't know for sure until 2017. However, a reasonable person would conclude that 'strict' regulation will include many prohibitions or restrictions. Can't consume it unless you're 10 feet away from a business entrance? That's probably ok. Can't home grow? That's probably not ok.
And one very important thing to keep in mind is that while Kirk Tousaw has mentioned the govt will have a hard time justifying no home grows for rec in the wake of Allard, the legal principles enshrined in R v Parker do not transfer over to recreational as far as choosing between liberty or health. In a rec situation, the s.7 arguments that we have previously seen used in court don't apply, if you're not using it for a medical need, there's nothing forcing you into choosing between your liberty or health.
It's most certainly not impossible, however it's not just as simple as saying 'hey, look at Allard'. And the less simple things are, the longer it'll take. So if the govt does ban home grows, don't expect a final court remedy for 5-10 years.
The words 'prohibition' (to restrict) and 'legalization' (to make legal) are opposite concepts, but simply because the government labels what they are doing as 'legalization' doesn't mean it's not going to be an evolution of prohibition.
In a perfect world, cannabis would be taken off the CDSA and done deal, but for a variety of reasons that's not going to happen. So, 'legalization' could very well be another flavor of prohibition if home grows are not allowed, distribution is restricted to mail order or mail order + pharmacy (you can see all the greedy pharmacy retailers wanting in already). In these cases, I would definitely consider any 'legalization' scheme as just another flavour of prohibition.
JT has made it quite clear his prime motivation for legalization is making it harder for children to get a hold of / out of the hands of organized crime, and has also made clear is mechanism of action will be 'strict' regulation. What does that mean? We won't know for sure until 2017. However, a reasonable person would conclude that 'strict' regulation will include many prohibitions or restrictions. Can't consume it unless you're 10 feet away from a business entrance? That's probably ok. Can't home grow? That's probably not ok.
And one very important thing to keep in mind is that while Kirk Tousaw has mentioned the govt will have a hard time justifying no home grows for rec in the wake of Allard, the legal principles enshrined in R v Parker do not transfer over to recreational as far as choosing between liberty or health. In a rec situation, the s.7 arguments that we have previously seen used in court don't apply, if you're not using it for a medical need, there's nothing forcing you into choosing between your liberty or health.
It's most certainly not impossible, however it's not just as simple as saying 'hey, look at Allard'. And the less simple things are, the longer it'll take. So if the govt does ban home grows, don't expect a final court remedy for 5-10 years.