Law Times - Newsmakers

2016 top news, newsmakers and cases 13 THE LEGAL COMMUNITY in Canada has been party to a roller-coaster of ups and downs this year regarding proposed marijuana legislation by the federal government that could lead to the regulation of the drug. While the possession of marijuana in Canada remains un- lawful under the Controlled Drugs and Substances Act, its use for medical purposes is permitted under Access to Cannabis for Medical Purposes Regulations. e Canadian government has also announced its intention to legalize the substance in the near future for non-medical, rec- reational use. In August, lawyers told Canadian Lawyer they are fi elding calls from clients in various sectors, all inquiring about legal ways to do work in a once-underworld industry. "It really is a new frontier," said Debbie Weinstein of LaBarge Weinstein LLP, who acted for Tweed Marijuana Inc. during its merger with Bedrocan Cannabis Corp last year. at merger was the fi rst one in Canada's budding medical marijuana indus- try, and it solidifi ed a sizable market share for two of the biggest players in the game. Now that legalization is coming, Weinstein expects consolidations in the cannabis industry to rise in the years to come, off ering plenty of work for corporate commercial law- yers like her. A government advisory task force on legalization, chaired by former deputy prime minister Anne McLellan, is in the midst of contemplating the rules around this new industry. e feds are expected to introduce a legalization bill by 2017. Much will de- pend on how the regulations shake out and what type of barriers there will be for entry into the industry. e government is looking at a number of objectives for legal- ization and regulation, including: • Reducing the burdens on police and the justice system asso- ciated with simple possession of marijuana off ences; • Protecting public health and safety by strengthening, where appropriate, laws and enforcement measures that deter and pun- ish more serious marijuana off ences; • Establishing and enforcing a system of strict production, dis- tribution and sales; • And continuing to provide access to quality-controlled ma- rijuana for medical purposes consistent with federal policy and court decisions. Many expect provinces will regulate distribution, with some room for munici- pal input when it comes to issues such as zoning. If lawyers' predic- tions are right, the regulations will be tight, with highly restrictive guidelines on both manufacture and distribution. Eric Nash, a cannabis regulatory and in- dustry consultant, is eyeing the Task Force on Marijuana Legalization and Regulation, led by McLellan as a means to in- form the government's plans to introduce legalization and regula- tion legislation in 2017. Nash sees the task force's job as discerning the impact of legalization with the help of the Royal Canadian Mounted Police and the Canadian Medical Association and other stake- holders. Chief among the issues it will face is making sure all of the provinces and territories are on board with the legislation, the health and safety of Canadians and creating a retail distri- bution model. Having the buy-in of the provinces and territories is crucial to creating sensible legislation that allows their law enforcement and health agencies to tackle issues within a legal framework, accord- ing to Nash. He says workplace issues will be front and centre. According to Nash, patients with legitimate health issues still need the products sold by dispensaries, including alternate forms of ingesting the drug (edibles, etc.). He believes that despite the questionable legality of dispensaries, they won't disappear until Health Canada "gets its act together" regarding the quality and distribution of medical marijuana products. Nash points to the "Snoop Dogg model" as a way of normaliz- ing cannabis, referring to the recent partnership between the rap- per and marijuana company Tweed that saw his line of curated strains available for sale by Canadian dispensaries. Prime Minister Justin Trudeau has framed legalization as a public safety issue as opposed to a fi nancial one. e legal com- munity will be watching carefully as police, lawyers and the courts attempt to deal with the implications of legalized marijuana. — With fi les from Yamri Taddese Lawyers look at evolution of industry as potential new area of business BY JESSE MICHAELS top stories rijuana for with feder Many e distribution p such tions tight, wit both manufa Eric Na dustry consultant, is eye Legalization and Regulation, ent's plans t d try Legalization of marijuana dominated headlines Assisting you in Litigation & Forensic Accounting, Financial Investigations EVlit_LT_Mar17_08.indd 1 3/13/08 Assisting you in Litigation & Forensic Accounting, Financial Investigations EVlit_LT_Mar17_08.indd 1 3/13/08 EVlit_LT_Jan9_12.indd 1 12-01-03 EVlit_LT_Mar10_14.indd 1 14-03-04 x a F r o e n o h p e l e T 0 7 3 1 - 0 3 9 ) 6 1 4 ( (905) 731-5812 evlitigation@rogers.com EVlit_LT_Mar17_08.indd 1 3/13/08 11:55:47 AM x a F r o e n o h p e l e T 0 7 3 1 - 0 3 9 ) 6 1 4 ( evlitigation@rogers.com EVlit_LT_Mar17_08.indd 1 3/13/08 11:55:47 AM (905) 731-5812 EVlit_LT_Jan9_12.indd 1 12-01-03 11:38 PM EVlit_LT_Mar10_14.indd 1 14-03-04 10:18 AM 0 0 9 e t i u S , t s a E e u n e v A d r a p p e h S 5 4 Willowdale, Ontario M2N 5W EVlit_LT_Mar17_08.indd 1 3/13/08 11:55:47 0 0 9 e t i u S , t s a E e u n e v A d r a p p e h S 5 4 Toronto, Ontario M2N 5W9 EVlit_LT_Mar17_08.indd 1 3/13/08 11:55:47 EVlit_LT_Jan9_12.indd 1 12-01-03 11:38 EVlit_LT_Mar10_14.indd 1 14-03-04 10:18 E. 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