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Food and Drug Law

Cannabis

Western University

Publication Year

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The Constitutionality Of Restrictions On Recreational Cannabis Advertising: Balancing Public Health And Freedom Of Expression, Melanie L. Mcphail Dec 2017

The Constitutionality Of Restrictions On Recreational Cannabis Advertising: Balancing Public Health And Freedom Of Expression, Melanie L. Mcphail

Electronic Thesis and Dissertation Repository

On April 20, 2016, Health Minister Jane Philpott announced that legislation legalizing recreational marijuana would be introduced in Spring 2017, with the goal of keeping marijuana out of the hands of children and profit out of the hands of criminals. Bill C-45, An Act Respecting Cannabis passed the second reading in the House of Commons, and contains restrictions on advertising cannabis, with a few exceptions. Advertising is recognized as a protected form of expression under the Charter of Rights and Freedoms, so if the government infringes on this right, they must be able to prove that it is justified in …


Canada's Marihuana Medical Access Regulations: Up In Smoke, Carolynn Conron Sep 2012

Canada's Marihuana Medical Access Regulations: Up In Smoke, Carolynn Conron

Electronic Thesis and Dissertation Repository

The Supreme Court of Canada has interpreted the constitutional principles entrenched in the Canadian Charter of Rights and Freedoms to mean that everyone in Canada has a constitutional right to access necessary medical treatment without fear of criminal sanction. The latest research suggests cannabis (marihuana) provides a unique medicinal benefit that, for some individuals, is necessary. The federal criminal prohibition of cannabis deprives many individuals of a potentially beneficial medicine and stigmatizes them with a criminal record.

Without a valid medical cannabis access system, the criminal prohibition is invalid. The current Marihuana Medical Access Regulations were recently struck down. Parliament …