Indigenous Laws on Cannabis

Canada Should Follow Indigenous Laws on Cannabis

By 2021, the total worth of cannabis in Canada will be $5 billion. It is believed that this amount of money from CBD gummies Canada could provide opportunities for employment and income to Indigenous communities. Hence, Canada and the provinces should not allow selfish behavior displayed by past governments to materialize the success of the cannabis industry.

Nowadays, new economic opportunities in the cannabis industry, such as the production of CBD oil and tincture, are taking place. In this regard, the national and provincial governments should design a legislative atmosphere that promotes economic development on cannabis for Indigenous communities. Moreover, it will be unethical if Indigenous communities are being punished for pursuing cannabis.

The Cannabis Act

On October 17, 2018, the Cannabis Act was established. This act permits the consumption, purchase, and production of cannabis in small amounts. And Canada allows the provinces to create their regulations in the selling, distribution, and production of cannabis. For instance, Saskatchewan has restrictions in age, purchase limits, and house possession regulations according to the Cannabis Act.

However, the provincial rules and Cannabis Act were outlined without adequate evaluation of Indigenous people’s needs. The federal government did not consult the Indigenous communities before the implementation of its legislation. Also, the division of taxes among Indigenous people is still unresolved.

The legislation is not a hindrance for Indigenous people to enter the cannabis business. They have devised their regulations and protocols to control the sale of cannabis, and some communities got their licenses from provincial regimes.

Furthermore, acquiring a provincial license may be illogical with the Indigenous peoples’ economic, political, and cultural values. Consequently, setting up regulations through Indigenous legal processes may align the peoples’ economic objectives with their values. This legislation can benefit the Indigenous people by promoting economic development and extending self-determination among Indigenous people.

Indigenous Peoples’ Rights

According to the Constitution, the indigenous people have the right to self-government, even though Canada and its provinces do not support Indigenous legislation.

The Traditional Medicinal Plants Act passed by Pheasant Rump Nakota is an example to support the rights of Indigenous people. This Act brings out the past practice of distribution, trade, and production control of cannabis plants. The enactment of this Act took place after a careful process of community involvement. And they were followed by a meeting where members voted to proceed with the law implementation. Such an approach could be used as a model for other Indigenous communities who want to pass their regulations on cannabis.

Moreover, Indigenous groups are not obliged to comply with Canada’s decision to make cannabis legal if they wish to pass laws to forbid cannabis. According to Bill Blair, Minister of Border Security, Canada will not interfere with Indigenous communities if they want to prohibit cannabis from their territory.

Final Words

The indigenous legislation process must be undisturbed if Canada and the provinces are true to the idea of living in a multi-juridical state. Moreover, Canada and its areas should not allow the unlawfulness that happened in the past governments by oppressing the economic opportunities of Indigenous communities. For government reconciliation, Indigenous group’s laws on cannabis should be respected.

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