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Cannabis on Canadian Indian reserves became legal under the Cannabis Act on October 17, 2018, subject to local restrictions. First Nations leaders have called for more local control of the cannabis economy on their reserves. [1]
In December 2016, tribal leaders discussed the impacts that legal cannabis would have during the annual Assembly of First Nations. Opinion was divided, with some chiefs calling for a delay in legalization to allow them to make plans, while others were enthused about the economic advantages they expected to come with legalization. There was, however, broad consensus that cannabis regulations on Indian reserves should be left to the members of the community, rather than default to following the province's regulations. [2]
In December 2016, the chief of the Oneida Nation of the Thames in Ontario stated that his community was applying for a cannabis cultivation licence. The nation already has a cannabis dispensary, for which they believe they should not need a licence. [2]
Three nations in Manitoba, Opaskwayak Cree Nation, Long Plain First Nation, and Peguis First Nation, formed an alliance with National Access Cannabis in 2016, seeking to gain profit for their communities from legalization, and lobby for their interests on issues such as tax rebates for cannabis sold on reserves. [3]
In October 2016, the medical cannabis dispensary on the Tobique First Nation reserve in New Brunswick was raided by the Royal Canadian Mounted Police. The dispensary was illegal under national law, but was approved by the band council, causing a disjunct and raising issues of tribal sovereignty. The community reacted with anger to the raid, with 50 members forming a blockade to prevent RCMP officers from leaving. The manager of the dispensary stated to news media: "Our laws, our laws... Your laws, your laws." [4]
The Mohawk Nation have a cannabis cultivation permit as of 2018.
The Commission of Inquiry into the Non-Medical Use of Drugs, often referred to as the Le Dain Commission after its chair Dean Gerald Le Dain, was a Canadian government commission that was begun in 1969 and completed its work in 1972.
Cannabis in Canada is legal for both recreational and medicinal purposes. Medicinal use of cannabis was legalized nationwide under conditions outlined in the Marihuana for Medical Purposes Regulations, later superseded by the Access to Cannabis for Medical Purposes Regulations, issued by Health Canada and seed, grain, and fibre production was permitted under licence by Health Canada. The federal Cannabis Act came into effect on 17 October 2018 and made Canada the second country in the world, after Uruguay, to formally legalize the cultivation, possession, acquisition and consumption of cannabis and its by-products. Canada is the first G7 and G20 nation to do so.
Alderville First Nation is a band of Mississaugas, a sub-nation of the Ojibways. The Alderville and Sugar Island 37A reserves belong to that First Nation band government.
Cannabis in California has been legal for medical use since 1996, and for recreational use since late 2016. The state of California has been at the forefront of efforts to liberalize cannabis laws in the United States, beginning in 1972 with the nation's first ballot initiative attempting to legalize cannabis. Although it was unsuccessful, California would later become the first state to legalize medical cannabis with the passage of the Compassionate Use Act of 1996. In November 2016, California voters approved the Adult Use of Marijuana Act to legalize the recreational use of cannabis.
The Sapotaweyak Cree Nation is a First Nations band government whose reserves are located in northern Manitoba, north-east of Swan River, approximately 400 kilometres northwest of Winnipeg.
Cannabis in Massachusetts is legal for medical and recreational use. It also relates to the legal and cultural events surrounding the use of cannabis. A century after becoming the first U.S. state to criminalize recreational cannabis, Massachusetts voters elected to legalize it in 2016.
Cannabis on American Indian reservations historically largely fell under the same regulations as cannabis nationwide in the United States. However, the August 2013 issuance of the Cole Memorandum opened discussion on tribal sovereignty as pertains to cannabis legalization, which was further explored as the states of Washington and Colorado legalized marijuana. A clarifying memo in December 2014 stated that the federal government's non-interference policies that applied to the 50 states, would also apply to the 326 recognized American Indian reservations. U.S. Attorney for Oregon, Amanda Marshall, stated that the clarification had been issued in response to legal questions from tribal nations, but that only three unnamed tribes, in California, Washington state, and "the Midwest" had stated explicit interest in legalizing.
Cannabis in New Jersey is legal for both medical use and recreational use. An amendment to the state constitution legalizing cannabis became effective on January 1, 2021, and enabling legislation and related bills were signed into law by governor Phil Murphy on February 22, 2021.
Cannabis in Washington relates to a number of legislative, legal, and cultural events surrounding the use of cannabis. On December 6, 2012, Washington became the first U.S. state to legalize recreational use of marijuana and the first to allow recreational marijuana sales. The state had previously legalized medical marijuana in 1998. Under state law, cannabis is legal for medical purposes and for any purpose by adults over 21.
Cannabis in Michigan is legal for recreational use. A 2018 initiative to legalize recreational use passed with 56% of the vote. State-licensed sales of recreational cannabis began in December 2019.
The Cannabis Act (C-45) of June, 2018 paved the way for the legalization of cannabis in Canada on 17 October 2018. Police and prosecution services in all Canadian jurisdictions are currently capable of pursuing criminal charges for cannabis marketing without a licence issued by Health Canada. The Supreme Court of Canada has held that the federal Parliament has the power to criminalize the possession of cannabis and that doing so does not infringe upon the Canadian Charter of Rights and Freedoms. The Ontario Court of Appeal and the Superior Court of Ontario have, however, held that the absence of a statutory provision for medical marijuana is unconstitutional, and to that extent the federal law is of no force and/or effect if a prescription is obtained. The recreational use of cannabis has been legalized by the federal government, and took effect on 17 October 2018.
The Cannabis Act is a law which legalized recreational cannabis use in Canada in combination with its companion legislation Bill C-46, An Act to Amend the Criminal Code. The law is a milestone in the legal history of cannabis in Canada, alongside the 1923 prohibition.
Cannabis in Ontario is legal for both medical and recreational purposes. Cannabis in Canada has been legal for medicinal purposes since 2001 under conditions outlined in the Access to Cannabis for Medical Purposes Regulations, issued by Health Canada, while seed, grain, and fibre production are permitted under licence. The federal Cannabis Act, legalizing cannabis for recreational use, came into effect on 17 October 2018.
Cannabis in Quebec became legal when the national Cannabis Act went into force on 17 October 2018.
Cannabis in Nunavut, as in the rest of Canada, became legal for recreational use on the effective date of the Cannabis Act on 17 October 2018.
Cannabis in New Brunswick became legal for recreational use when the Cannabis Act went into force across the country on October 17, 2018.
On October 17, 2018, cannabis was legalized in Canada for recreational and medical purposes. It was already legal for medicinal purposes, under conditions outlined in the Marijuana for Medical Purposes Regulations issued by Health Canada, and for seed, grain, and fibre production under licence by Health Canada.
Cannabis in Manitoba became legal when the national Cannabis Act went into force on October 17, 2018.
Cannabis in Saskatchewan became legal when the national Cannabis Act went into force on 17 October 2018.
Cannabis in the Northwest Territories became legal when the national Cannabis Act went into force on 17 October 2018.
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