Indigenous Laws on Cannabis

Canada Should Follow Indigenous Laws on Cannabis

Canada’s total worth of cannabis is around $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 behaviour displayed by past governments to materialize the success of the cannabis industry.

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

Indigenous Laws on 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 regulations for selling, distributing, and producing cannabis. For instance, Saskatchewan has restrictions on 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 implementing its legislation. Also, the division of taxes among Indigenous people is still unresolved.

The legislation does not hinder Indigenous people from entering 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’ financial objectives with their values. This legislation can benefit the Indigenous people by promoting economic development and extending self-determination.

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 of supporting the rights of Indigenous people. This Act reveals the past practice of distribution, trade, and production control of cannabis plants. The enactment of this Act took place after a careful community involvement process. And they were followed by a meeting where members voted to proceed with the law implementation. Such an approach could be 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 prohibit cannabis from their territory.

Final Words

The indigenous legislation process must be undisturbed if Canada and the provinces are accurate 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 groups’ laws on cannabis should be respected.

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