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

The Quartz Creek watershed is located in the area behind the small community of Ymir south of Nelson. Photo: Tyler Harper
Timber companies swap management of controversial Ymir watershed

Fruitvale’s ATCO Wood Products is now overseeing Quartz Creek

The trial of Harry Richardson began Monday at the Nelson courthouse. File photo
Trial of man accused of shooting RCMP officer near Argenta in 2019 begins

Harry Richardson is facing five charges in a Nelson courtroom

Zaudanawng “Jay-Dan” Maran in his Creston home. Hanging on the wall behind him is a logo of Kachin’s Manaw festival. Photo: Aaron Hemens
From Myanmar to Creston: The story of a refugee

In October 2007, Zaudanawng “Jay-Dan” Maran and his friends encountered a woman being sexually assaulted by two Myanmar soldiers.

Gerald Cordeiro of Kalesnikoff Lumber Ltd. says the company is looking for a non-profit organization to take over and run its proposed agroforestry project. Photo: Bill Metcalfe
Logging company proposes agroforestry project for Nelson area

Kalesnikoff Lumber is floating the idea of growing trees in conjunction with food crops

Crews with Discovery Channel film as an Aggressive Towing driver moves a Grumman S2F Tracker aircraft around a 90-degree turn from its compound and onto the road on Saturday, Jan. 23, 2021. It was the “most difficult” part of the move for the airplane, one organizer said. (Jenna Hauck/ Chilliwack Progress)
VIDEO: Vintage military plane gets towed from Chilliwack to Greater Victoria

Grumman CP-121 Tracker’s eventual home the British Columbia Aviation Museum on Vancouver Island

ICBC has seen savings on crash and injury claims in the COVID-19 pandemic, with traffic on B.C. roads reduced. (Penticton Western News)
ICBC opens online calculator for rate savings starting in May

Bypassing courts expected to save 20% on average

(AP Photo/Elaine Thompson, File)
16% boom predicted for B.C. real estate sales in 2021: experts

Along with sales, the average price of homes is also predicted to rise, by nearly 8 percent

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

FILE – Canadian Prime Minister Justin Trudeau delivers his opening remarks at a news conference outside Rideau cottage in Ottawa, Tuesday, January 19, 2021. THE CANADIAN PRESS/Adrian Wyld
Vaccine CEO ‘very, very clear’ that Canada’s contracts will be honoured: Trudeau

Trudeau says he spoke to Moderna CEO on the morning of Jan. 26

Brad Windsor has been an advocate for years to get sidewalks installed along Milburn Drive in Colwood, but to no avail. He wants city council to commit to making Milburn a priority lane for sidewalk construction in the future. (Aaron Guillen/News Staff)
VIDEO: Dramatic crash caught on B.C. home security camera

Angry residents say video highlights need for sidewalks in B.C. residential neighbourhood

An independent review is underway at the Royal BC Museum after employees called out systemic, individual racism at the institution. (Twitter/RBCM)
Royal BC Museum faces allegations of systemic racism, toxic work environment

Formal investigation, survey and training launched at museum

In this May 23, 2012, file photo, an approximately 2-year-old female cougar runs away from a Washington Department of Fish and Wildlife trap after being released northeast of Arlington, Wash. A cougar has attacked and severely mauled a man in British Columbia. THE CANADIAN PRESS/AP-Mark Mulligan/The Daily Herald via AP
Cougar euthanized in B.C. after severely mauling a man north of Vancouver

Whistler RCMP officers were first on the scene and shot and killed a cougar prowling nearby

Kamloops This Week.
48 COVID-19 cases and one death associated with outbreak at Kamloops hospital

One of the 20 patients infected has died, meanwhile 28 staff with COVID-19 are isolating at home

Most Read