On Monday, the Ontario Survey on Cannabis Legalization came to a close after a one month online consultation period. In the next two weeks, the Ontario government will also be holding in-person consultations to get feedback from a variety of stakeholders on the direction of some key policy pieces on how cannabis should be regulated and distributed in the province. Its great the Ontario government is providing multiple avenues for consultation, but after reviewing the survey, there were a few places where more clarity and design could have been used to offer stronger data on the different policy elements discussed.
- The dichotomous option of the type of cannabis user
Do you consider yourself a medical or recreational cannabis user?
In one of the first questions, the user is presented 3 options medical, recreational and prefer not to say.
This may be an unreliable way to frame this important question as research demonstrates that the distinction between medical and recreational is often blurred[1]. Many cannabis users who use it medically also enjoy some of the more recreational aspects of use, and vice versa. Further, although approximately 170,000 people are now registered under the federal medical cannabis program[2], over a decade ago, the Canadian Addiction Survey estimated one million Canadians used it medically or therapeutically[3]. A more reliable question may be to ask if users are predominantly medical, predominantly recreational or prefer not to say, and also include a follow up for those under the medical category that asks if they are registered with the federal medical cannabis program, the MMPR/ACMPRor notsince we know many who consider themselves medical users may not be registered with the federal access program.
Additionally, another great follow up question would be to ask where they predominantly currently access their medical supplyLPs, home cultivation (personal or designated), dispensaries, illicit market or other / prefer not to say.
- No mention of the criminalization of youth in the age debate: a key issue when considering age restrictions
When it comes to setting a minimum age to have, use, and buy cannabis, what are the most important things to you? Select all that apply.
An important omission in this category is the criminalization of young people who use cannabis. Ive spoken about this at length elsewhere, but if age restrictions are too high, and young people are our largest cannabis using demographic, we are going to end up criminalizing many otherwise law-abiding young people. Reflected in our ongoing work with Canadian Students for Sensible Drug Policy and conversations on minimum age of accessparticularly at our youth-only roundtable and our attendance at the official youth roundtable meeting with the Task Force in Toronto in September 2017the predominant focus of these conversations, which included both youth and organizations who work with youth, has been on the potential for high age restrictions to criminalize young people who currently use cannabis regardless of the law. This is a primary consideration from a criminal justice standpoint since so many youth are already consuming cannabis despite its illegality in the 18-25 and 12-17 categories in Ontario[4], and they hold the highest percentage of drug-related arrests, predominantly for cannabis possession[5].
- Where people can smoke, vape or use any form of recreational cannabis: the conflation of smoking and vaporizing
This section collapses vaporizing and smoking into one question that would possibly result in different answers if the two modes of administration had been considered as separate questions. While respecting the rights of all Canadians, it should be acknowledged or considered in the consultation period by the province that vaporizing does not combust the plant material, does not carry the same strong, distinctive cannabis smell, and its generally safer and less likely to intrude on the rights as well as health of nonsmokers. We should be treating vaporizing as a harm minimization tool, particularly as we move to legalize cannabis. Many doctors Ive had discussions with continue to encourage their patients to utilize alternative modes of consumption other than smoking cannabis, and many patients turn to vaporization instead.
Another important question could include a consideration of safe consumptions spaces, such as vapor lounges. Should they be regulated and allowed for adults who are unable to consume in their homes, condos, apartments, or co-op housing? Preliminary data from the U.S. would suggest this is an important consideration, because as we see in Colorado, while arrests have declined dramatically overall for cannabis related charges, tickets for public consumption have increased dramatically[6].
- Safe roads: being more transparent about the limits of technology and using more precise language
This section importantly uses language around drug-impaired driving. It notes:
There are limits to the technology used to test drug impairment. Given these limitations, which penalties should we consider for people who are impaired by cannabis while driving? Select all that apply.
But this was quite confusing. For example, while the question notes limits on technology, it ...
