Quebec raising legal age for cannabis to 21, the strictest in the country

Quebec raising legal age for cannabis to 21, the strictest in the country

Nearly half of Quebecers have already tried cannabis

Quebecers under the age of 21 won’t be able to buy or possess recreational cannabis as of Wednesday, ushering in the toughest age restrictions in the country since pot was legalized 14 months ago.

The Coalition Avenir Quebec government passed legislation in the fall that upped the legal age for accessing cannabis from 18, citing the impact of cannabis on young minds in deciding to act.

But policy experts suggest restricting legal access to the drug for the segment of the population most likely to use the drug will not have the intended effect.

Daniel Weinstock, director of the institute for health and social policy at McGill University, said it’s clear where the Quebec government is coming from, citing research that shows a risk factor for developing brains.

“The problem is the amount of cannabis that’s already present in the illegal market. We have to think long and hard about our ability to effectively enforce prohibition,” Weinstock said. “And if we can’t — and I strongly suspect we won’t be able to — … we risk finding ourselves in the worst of all possible situations.”

That situation would see 18 to 21 year olds — armed with no information about the potency of what they’re consuming — buying from illegal dealers and using contaminated, unregulated product.

A Universite de Montreal addictions researcher said perhaps a small minority of youth — those already deemed not at risk — might put off using cannabis because of the measure.

But Jean-Sebastien Fallu notes that when it was illegal, nearly half of Quebecers had tried cannabis once in their lifetime by 17.

“You have 50 per cent who’d used once in their lifetime, despite the threat of criminalized prohibition,” Fallu said. “So I don’t think this (new rule) is going to have any significant impact on underage, minor or adolescent use.”

Weinstock said policy makers should understand a ban isn’t always the right choice, even if most parties agree the goal should be to moderate young people’s consumption.

“We really have to think about the second-best (option) — to give them access to a safe product,” he said.

The province’s junior health minister, Lionel Carmant, declined a request for an interview through his spokesperson. Carmant has said previously the stricter age rules were adopted with the idea of protecting the developing minds of young adults from cannabis.

But Fallu said he’s also concerned youth will be consuming illegal cannabis with no quality-control standards for levels of THC — the drug’s main psychoactive component.

The Quebec Cannabis Industry Association, which represents more than 25 of the province’s licensed growers, has raised concerns that the stricter rules go against the reasoning behind the federal government’s move toward legalization — improving public safety and getting rid of the black market.

While the federal law sets the minimum age at 18, it leaves it to the provinces and territories to establish their own rules. The legal age for consumption is 19 in every other province except Alberta, where it’s 18.

Given the legal age for drinking alcohol and smoking tobacco in Quebec remain at 18, the Quebec Bar Association has warned there could be constitutional challenges around the issue of age discrimination.

One constitutional lawyer called the law a “form of paternalism that is entirely unjustifiable in our society.”

“I think it’s absurd and I think it’s contrary to the charter, I think it’s discrimination as to age,” said Julius Grey. ”It seems to me that it’s perfectly absurd to say that alcohol — which kills many more people than cannabis — is safe at 18, but cannabis is only at 21.”

Grey said it’s a strange situation whereby adulthood comes at 18, where one can be considered fully responsible for one’s acts, yet can’t access a legal product.

“Differential ages are not reasonable — you have to have an age of majority,” Grey said. “Once you become a full adult and you have the full responsibility for what you do, you should have free choice.”

Recreational marijuana use became legal across Canada on Oct. 17, 2018, but Quebec quickly adopted tougher provincial measures.

The province is one of two jurisdictions where home cultivation is forbidden, along with Manitoba. The province has announced it will appeal a provincial court decision that invalidated that provision after a judge ruled it infringed upon the jurisdiction of the federal government.

When Quebec passed its age restriction this year, it also banned public consumption of cannabis. It has also introduced the toughest restrictions for edibles, which are being phased into the market elsewhere in the country, by targeting anything that might appeal to children.

Weinstock said the approach may change, given legal cannabis remains relatively new.

“My hope is that as time goes by, the drug becomes normalized, we’ll be able to go to a series of evidence-based policies, rather than ones that are driven by fear and panic,” Weinstock said.

Sidhartha Banerjee, The Canadian Press

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Questions around rail safety, firefighter safety, cleanup near the rail yards and tracks, whistle cessation, etc were raised during the RDBN meeting with CN. (File photo)
‘Lot of our concerns are still not being heard,’ say RDBN directors on CN’s response

Frustrated over lack of solutions, despite communicating their concerns to CN

Barbara Patrick. (Submitted/Lakes District News)
Former Burns Lake local to play the first Indigenous character in a Hallmark movie

Barbara Patrick, a former LDSS student takes a huge step for the Indigenous community

The Burns Lake RCMP is supportive of having a ticketing bylaw in place even though there would be limitations on what they could ticket on. (Priyanka Ketkar photo/Lakes District News)
Burns Lake might be getting a ticketing bylaw

Will help extend RCMP’s authority to attend to noise complaints

A woman wears a protective face covering to help prevent the spread of COVID-19 as she walks along the seawall in North Vancouver Wednesday, November 25, 2020.THE CANADIAN PRESS/Jonathan Hayward
911 new COVID-19 cases, 11 deaths as B.C. sees deadliest week since pandemic began

Hospitalizations reach more than 300 across the province

Black Press Media and BraveFace have come together to support children facing life-threatening conditions. Net proceeds from these washable, reusable, three-layer masks go to Make-A-Wish Foundation BC & Yukon.
Put on a BraveFace: Help make children’s wishes come true

Black Press Media, BraveFace host mask fundraiser for Make-A-Wish Foundation

More than 60 cm of snow has fallen at Ulkatcho First Nation near Anahim Lake in the Chilcotin since a snowfall warning went into effect Thursday, Nov. 26. (Graham West photo)
VIDEO: More than 60 cm of snowfall in Chilcotin since Thursday, Nov. 26

Graham West of Ulkatcho First Nation captures the scene on video

Screenshot of Pastor James Butler giving a sermon at Free Grace Baptist Church in Chilliwack on Nov. 22, 2020. The church has decided to continue in-person services despite a public health order banning worship services that was issued on Nov. 19, 2020. (YouTube)
2 Lower Mainland churches continue in-person services despite public health orders

Pastors say faith groups are unfairly targeted and that charter rights protect their decisions

A big job: Former forests minister Doug Donaldson stands before a 500-year-old Douglas fir in Saanich to announce preservation of some of B.C.’s oldest trees, July 2019. (B.C. government)
B.C. returning to ‘stand-alone’ forests, rural development ministry

Horgan says Gordon Campbell’s super-ministry doesn’t work

Alexandre Bissonnette, who pleaded guilty to a mass shooting at a Quebec City mosque, arrives at the courthouse in Quebec City on February 21, 2017. THE CANADIAN PRESS/Mathieu Belanger - POOL
Court strikes down consecutive life sentences; mosque shooter has prison term cut

The decision was appealed by both the defence and the Crown

Gold medallists in the ice dance, free dance figure skating Tessa Virtue and Scott Moir, of Canada, pose during their medals ceremony at the 2018 Winter Olympics in Pyeongchang, South Korea, Tuesday, Feb. 20, 2018. THE CANADIAN PRESS/AP-Charlie Riedel
Olympic champions Virtue, Moir and Tewksbury among 114 Order of Canada inductees

Moir and Virtue catapulted to national stardom with their gold-medal performances at the Winter Olympics in 2018

Shoppers line up in front of a shop on Montreal’s Saint-Catherine Street in search of Black Friday deals in Montreal, Friday, Nov. 27, 2020. THE CANADIAN PRESS/Paul Chiasson
Black Friday shopping in a pandemic: COVID-19 closes some stores, sales move online

Eric Morris, head of retail at Google Canada, says e-commerce in Canada has doubled during the pandemic.

School District 27 announced the first confirmed case of COVID-19 this week (Nov. 23) at Lake City Secondary School Williams Lake campus. (Angie Mindus photo - Williams Lake Tribune)
Entire gym class at northern B.C. high school isolating after confirmed COVID case

Contact tracing by Interior Health led to the quarantine

Most Read