Systemic Reform What Comes After Cannabis Legalization? Haiat Iman Systemic Reform 3 mins read August 1, 2018 / News / Systemic Reform / What Comes After Cannabis Legalization? As the Government of Canada legalizes cannabis in October of this year, little is known about what’s in store for the thousands of young adults who have previously been charged with cannabis possession, who will have criminal records for something that will soon be legalized. The government has refused to commit to granting amnesty to those previously convicted for cannabis possession, many of whom are suffering the socioeconomic and health consequences of having a criminal record. In addition to young people being overrepresented in the criminal justice system for drug-related charges, Black and Indigenous people have been disproportionately targeted for drug possession across the country. This further heightens the need for the government to grant amnesty as Black and Indigenous communities have also unfairly dealt with the compounding consequences of having a criminal record. A simple commitment to amnesty would not be enough however. The government needs to ensure that the process of wiping a record clean is both costless and straightforward. Instituting a fee to expunge a criminal record will further marginalize youth from lower-income backgrounds, who will be less likely to be able to pay legal fees in order to suspend their records. In a time in which the overrepresentation of Black and Indigenous young people in the justice system is evermore apparent, granting amnesty for cannabis possession is not only common-sense, it is a significant first step in beginning to address the devastating consequences resulting from the surveillance and targeting of young, racialized people. Many are also critical of the Cannabis Act’s seemingly asymmetrical approach toward restricting youth cannabis use. The Act appears to be somewhat out of sync with the government’s purported goals of protecting young people’s health and reducing the burden on the criminal justice system. The inconsistency between the Bill’s goals and its likely impact is concerning for a number of reasons. The new Cannabis Act is unlikely to reverse the trend of young people facing disproportionately high numbers of drug-related charges, as demonstrated by the government’s legislative decision regarding the “social sharing” of cannabis. The Government rejected a senate amendment to the Act which would have made sharing small amounts of marijuana with someone 17 or younger a ticketable offence rather than an indictable offence. Now, an 18-year-old who shares cannabis with their 17-year-old peer could theoretically be sentenced to up to 14 years in prison. The government provided justification for the severity of the penalty by stating that their goal was to “protect the health of young persons.” The view that harsher punishments will deter drug use is controversial at best. At its worst, it systemically targets populations already overrepresented in the criminal justice system, sentencing them to a self-reinforcing cycle of socio-economic exclusion. The government’s justification of ‘protecting youth’ fails to recognize that the health consequences of consuming marijuana are likely far less dire than those resulting from having a criminal record. The path forward is clear: as a starting point, the federal government should commit to granting amnesty for past marijuana possession convictions. We will continue to monitor this issue closely following the legalization of recreational cannabis in October, 2018. Share This Article
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