POL 151 Lecture Notes - Lecture 9: Propylhexedrine, Languages With Official Status In India, Barbiturate
24 May 2018
School
Department
Course
Professor
Keep them Criminal or Legalize 'em?
What to do about the Future of Drug Regulation in Canada
Criminal Law*
• Given that every state enjoys a monopoly on the use of violence to exercise its will, it’s
understandable that the temptation to rely on force to execute public-policy is enticing for any
government—even a democracy…
• …however in the interest of earning legitimate credibility among the public the use of state
force—particularly in the context of criminal law—should only be used as a last resort…
• …for criminal law represents a serious act of institutional violence that should only be
exercised in instances where social order is threatened & there is no feasible alternative to
effectively preserve if not its not proactively restored
• …moreover, criminal law engenders social exclusion & stigmatization—hence, to regard
criminal law as the go-to public policy tool in the state's toolbox as opposed to the exceptional
measure for which it’s intended, legitimizes violence as the principal means one of coercing
citizens to obey the state.
*As per Line Beuchesne’s assessment
1997 Controlled Drugs & Substances Act (CDSA)
Succeeded both the 1953 Food & Drug Act & the 1961Narcotic Control Act 1961 by combining
the two under the CDSA
Located under its own section in the Criminal Code
Categorizes the usage of certain drugs & substances as “controlled”
Details the National Drug Scheduling system of classification;
For ex. Narcotics & controlled substances are premised on schedules that rank substances in
order of potential risk or harm
Schedule I: Opium
Schedule II: Cannabis
Schedule III: Hallucinogens
Schedule IV: Barbiturates
Schedule V: Propylhexedrine
Schedule VI: CLASS A PRECURSORS
Schedule VII: Cannabis Resin
Schedule VIII: Cannabis
Canada & Marijuana: From Legal to Criminalized
1801 Upper Canada’s Lt. Gov. distributes hemp seeds to farmers who grow hemp for production
of clothing & ship rigging
1911 Opium & Narcotics Act restricts cocaine, opium & morphine
1923 Marijuana added to ONDA’s schedule of restricted substances
find more resources at oneclass.com
find more resources at oneclass.com
1954 cannabis possession for purposes of trafficking is criminalized
1972 Commission of Inquiry Into the Non-Medical Use of Drugs (Le Dain Commission)
recommends decriminalizing cannabis possession for personal use
Canada & Marijuana: From Criminalized to Legalized
1997 Ontario Superior Court rules that epilepsy sufferer Terry Parker allowed to become first
Canadian to grow & possess marijuana for medicinal purposes
2000 SCC rules Canadians have a constitutional right to use Cannabis as a medicine
2001 Canada becomes the first country to legalize medicinal marijuana
2018 Cannabis Act (Bill C-45) set to pass Parliament. Once given Royal Assent, the new law
will among many intentions:
• allow adults to possess & access regulated, safe legal cannabis while setting minimum
age to buy or sell Cannabis at 18
• discourage illegal sales by imposing criminal penalties upon those who import or export
cannabis outside the provinces’ regulated distribution infrastructure
• protect public health by instituting strict safety & quality control requirements
Canada’s Drug Policy à la its International Obligations
1961 Single Convention on Narcotic Drugs: aspired to combat drug abuse via international
coordination to limit the possession, use, trade in, manufacture & production of drugs
exclusively to medical & scientific purposes. Second, it combats drug trafficking through
international cooperation.
1971 Convention on Psychotropic Substances: establishes an international system to regulate
psychotropic substances as well as responded to the diversification of drugs by introducing
controls over a number of synthetic drugs in relation to their abuse potential vs. their therapeutic
value.
1988 Convention against Illicit Traffic in Narcotic Drugs & Psychotropic Substances: provided
comprehensive measures against drug trafficking, including provisions to curb money laundering
& diversion of precursor chemicals. It also facilitates international cooperation for purposes like
the extradition of drug traffickers, controlled deliveries & transfer of proceedings.
Legal Moralism
Suggests that the state is not only responsible for maintaining public order & protecting
non-autonomous persons but it also maintains the integrity of society’s common morality
…hence the premise that criminal law can be channeled to enforce moral prohibitions on
actions that the state & society deem to be offensive or disturbing conduct
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
What to do about the future of drug regulation in canada. Succeeded both the 1953 food & drug act & the 1961narcotic control act 1961 by combining the two under the cdsa. Located under its own section in the criminal code. Categorizes the usage of certain drugs & substances as controlled . Details the national drug scheduling system of classification; Narcotics & controlled substances are premised on schedules that rank substances in order of potential risk or harm. 1801 upper canada"s lt. gov. distributes hemp seeds to farmers who grow hemp for production of clothing & ship rigging. 1911 opium & narcotics act restricts cocaine, opium & morphine. 1923 marijuana added to onda"s schedule of restricted substances. 1954 cannabis possession for purposes of trafficking is criminalized. 1972 commission of inquiry into the non-medical use of drugs (le dain commission) recommends decriminalizing cannabis possession for personal use. 1997 ontario superior court rules that epilepsy sufferer terry parker allowed to become first.
