Canada’s Cannabis Act: Annotation & Commentary, 2022/2023 Edition
This text identifies the relevant case law and underlying legislation used to draft the Cannabis Act, helping readers analyze the rules and limits of the Act and the Regulations.
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Canada’s first and leading annual annotated textbook on the federal Cannabis Act
For ease of navigation, this text follows the 15 Parts of the Cannabis Act. It features a detailed first chapter of the history of the cannabis prohibition, and a helpful list of non-Cannabis Act cannabis-related caselaw and resources in chapter 4.
The Cannabis Act was drafted using provisions from the Controlled Drugs and Substances Act, the Tobacco and Vaping Products Act, and the Food and Drug Act. Accordingly, in addition to case law under the Cannabis Act, the most relevant case law under each of these source Acts is examined to provide a more thorough interpretation of the Cannabis Act.
- Overview commentary for each Part and Division of the Act
- Thematic annotation of key sections
- Full text of the Act and all Regulations
- A detailed chapter on the legislative and historical reasons Canada prohibited cannabis for 95 years, and how legalization developed and occurred
- Written by Russell Bennett, a lawyer who advises businesses in the cannabis industry, and who has commented on Canada’s cannabis laws in his creative productions for over 20 years, including his podcast, Cannabis Law in Canada
- Co-authored by Professor Emeritus Alan Young, Osgoode Hall Law School
What’s New In This Edition?
- The latest developments in the Canadian cannabis industry to April 20, 2022 in the new Preface
- A revised chapter that outlines former Prime Minister William Lyon Mackenzie King’s role in the formation of the country’s first drug law and the addition of cannabis
- Updated case law both under the Cannabis Act and cannabis-related case law not under the Cannabis Act, dealing with such issues as municipal law, licensing, tenancies, trade-marks and patents, class actions, insolvencies, employment, personal injury, insurance, human rights and more
- Helpful links and resources section
- Fully-updated commentary
Who Needs This Useful Resource?
The 2022/2023 Edition of the Cannabis Act: Commentary & Annotation is essential to be on the bookshelves of:
- Lawyers – Criminal, corporate, regulatory, municipal, litigation, employment and labour, intellectual property, constitutional, human rights
- Law enforcement officers – Municipal officers, provincial officers, RCMP, military police
- Government – Federal, provincial and municipal administrations
- Libraries – Law school, university, college, public
- Retail (including online) – book stores, cannabis stores, growing supply stores
Tamar Friedman (Research Editor)
Ruth Chun (Contributing Editor)
Table of contents
About the Authors
General Table of Contents
Foreword by the Honourable Justice P. Burstein
Preface by Russell Bennett
Detailed Table of Contents
Introduction by Russell Bennett
Chapter 1. Legislative History of Canada’s Cannabis Prohibition (1923-2018)
Chapter 2. Cannabis Act – Annotation and Commentary
Chapter 3. Regulations
A. Cannabis Regulations (SOR/2018-144)
B. Industrial Hemp Regulations (SOR/2018-145)
C. Qualifications for Designation as Analyst Regulations (Cannabis) (SOR/2018-146)
D. Cannabis Act (Police Enforcement) Regulations (SOR/2018-151)
E. Cannabis Fees Order (SOR/2018-198)
F. Order Designating the Minister of Health as the Minister for the purpose of that Act (SI/2019-125)
G. Cannabis Tracking System Order (SOR/2019-202)
H. Cannabis for Medical Purposes Remission Order (SOR/2020-9)
I. Cannabis Exemption (Food and Drugs Act) Regulations, SOR/2016-231
Chapter 4. Additional Resources
A. Cannabis-related Case Law
B. Provincial Cannabis Legislation on Retail Distribution Chart
C. References and Helpful Links
Table of Cases