Policy commentaryMedical Marijuana programs: Implications for cannabis control policy – Observations from Canada
Introduction
In many jurisdictions around the world, cannabis control and policy are subject to intensive current debate. These debates relate to the general control of cannabis for ‘recreational’ purposes, but also increasingly to provisions for ‘medical cannabis’ use, i.e., the use of cannabis for therapeutic purposes. While these are generally examined as two separate matters, few analyses have examined the interactive potential or implications of developments in these arenas for cannabis policy reform overall. In the below, we do exactly this, based on recent developments in Canada.
Section snippets
Cannabis control: history
Cannabis became included in the scope of international drug control in 1925, and total criminal prohibition – even for personal (i.e., non-scientific or -medical) use – as dictated by the international treaties since the 1961 Convention has been the control framework of choice in most industrialized countries (EMCDDA, 2008, Levine, 2003, Room et al., 2010). Pushes to reform prohibition as the main control mode are almost as old as prohibition itself, yet gained in variety and vigour since the
Evolution of Canada's ‘medical marijuana’ program
In the years leading up to 2000, a series of higher court decisions responding to constitutional challenges resulted in the Canadian federal government being forced by the courts to establish provisions that would allow for severely ill individuals to freely use and access cannabis for therapeutic purposes without punitive consequences (Belle-Isle et al., 2014, Bogdanoski, 2010, Lucas, 2009). Consequently, in 2001, the then (Liberal) federal government established the ‘Medical Marihuana Access
Wider implications for cannabis control policy
The MMPR has created a ‘medical marijuana’ regulation framework that has evolved a long way from the original MMAR. In practice, under the MMPR, it is now conceivably possible for any adult in Canada to become an authorized (medical) marijuana user shielded from punitive consequences of the existing drug law, which continues to categorically prohibit cannabis possession/use as a criminal offense (Fischer et al., 2003, Hyshka, 2009). While the federal government – in line with its neo-liberal
A ‘sneaky side-door’ or the ‘better third way’ for cannabis control reform?
Third – as the perhaps most complex issue – the question arises whether the described ‘legalization through medicalization’ scheme described for Canada constitutes a potentially better, more pragmatic and politically feasible ‘third way’, or rather a sneaky ‘side-door’ for the cause of cannabis control reform, especially when aiming for or referring to principles of ‘good public policy’ (Gerston, 1997). One aspect for consideration in answering this question concerns the nature and dynamics of
Conflict of interest
The authors have no conflict of interest to report.
Acknowledgements
The authors acknowledge Ms. Chantal Burnett's skilful assistance in preparing this manuscript. Dr. Fischer acknowledges funding support from a CIHR/PHAC Applied Public Health Chair Award.
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