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- The Cannabis Act (C-45) of June, 2018 paved the way for the legalization of cannabis in Canada on 17 October 2018. Police and prosecution services in all Canadian jurisdictions are currently capable of pursuing criminal charges for cannabis marketing without a licence issued by Health Canada. The Supreme Court of Canada has held that the federal Parliament has the power to criminalize the possession of cannabis and that doing so does not infringe upon the Canadian Charter of Rights and Freedoms. The Ontario Court of Appeal and the Superior Court of Ontario have, however, held that the absence of a statutory provision for medical marijuana is unconstitutional, and to that extent the federal law is of no force and/or effect if a prescription is obtained. The recreational use of cannabis has been legalized by the federal government, and took effect on 17 October 2018. Since 1997, public opinion polls have found that an increasing majority of Canadians agree with the statement, "Smoking marijuana should not be a criminal offence". A June 2016 national poll conducted by Nanos Research showed that 7 in 10 Canadians were in favour of legalization. Challenges to marijuana laws at the federal level did not result in the deletion of the appropriate sections from the Controlled Drugs and Substances Act. Legalization for personal (non-medical) consumption would need to be legislated, and that is the plan of the Government of Canada, as confirmed in 2015 and more specifically in 2016. The enactment of that legislation will be the concluding point in a long history of attempts to legalize cannabis through the courts. In 2016, the Government of Canada was working on legislation to legalize cannabis. The final wording was still under discussion in late March 2017, but a probable date for the official effect of the legislation was widely publicized as 1 July 2018. The provinces will have the power to determine the method of distribution and sale as well as the legal age for cannabis use. (en)
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