Canada’s Cannabis Act: Annotation & Commentary, 2023/2024 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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Tamar Friedman (Research Editor)
Ruth Chun (Contributing Editor)
Canada’s only annual annotated textbook on the federal Cannabis Act
For ease of navigation, this book follows the 15 Parts of the Cannabis Act and the Regulations. It features a detailed first chapter of the history of the cannabis prohibition, and an extensive 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 a thorough review of the most current jurisprudence 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, historical and non-scientific reasons Canada prohibited cannabis for 95 years, and how legalization developed from the Le Dain Commission in the 1970s to the Cannabis Act on October 17, 2018
- Written by Russell Bennett, a cannabis 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 current 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, 2023 in the new Preface to the 5th edition
- 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, trademarks and patents, class actions, insolvencies, employment, personal injury, insurance, human rights and more
- Helpful links and resources section
- Fully updated commentary
- Updated chart on Provincial Legislation and links regarding cannabis distribution
Who Needs This Useful Resource On Their Bookshelves?
- 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
Table of contents
About the Authors
General Table of Contents
Foreword to the 1st Edition by the Honourable Justice P. Burstein
Preface to the 4th Edition by Russell Bennett
Preface for the 5th Edition 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
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