I would like to preface this by saying I have never smoked. Blame the contract six-year-old Sabrina signed in purple crayon or the hour-long lectures my mother gave about the “dangers of drugs” but to this day, I’ve never had the desire to smoke, cigarettes or marijuana. I actually dislike the smell of smoke, especially that of cannabis, and so I can understand the motivation behind campus smoking bans. And yet, I still think they’re wrong.
If the federal government can legalize cannabis use and possession for consenting adults, then what right does McMaster or any university have to impose their own notions of health onto their students? Especially amidst the lack of evidence concerning the risks and therapeutic benefits of cannabis, it screams arrogant paternalism for a university to infringe upon our autonomy like this. Whether I chose to smoke or not should be my decision, irrespective of the institution that I pay into.
Welcome to our Tobacco and Smoke Free campus: https://t.co/UaF8ukbles pic.twitter.com/jcxhj38zSc
— McMaster University (@McMasterU) 4 January 2018
McMaster prides itself on being the first Ontario campus to go 100 per cent tobacco and smoke-free. So far, the rules have been fairly simple. If you are caught smoking on campus grounds, you get a warning, and maybe a fine too. The ban has not stopped students from smoking, however. It has only stopped them from smoking in well-lit, safe areas.
And that’s the kicker. Prohibition has never worked. If someone intends to use a substance, they’re going to use it whether you ban it or not. The government realizes this. They realize this so much, in fact, that they have legalized — and will soon profit from — cannabis. If universities were smart, they would realize this too.
I am not saying that students should be encouraged to attend classes high or to smoke during lectures. But the rules need to be revisited and revised to be more realistic and definitely more comprehensive. Students will smoke. If the university truly cared about their students, they’d help these students smoke in a safe way.
Specialized university smoking policies are unnecessary. Smoking in Canada is already banned in indoor public spaces and within nine meters from the entrance of social service institutions, including universities. If these rules are sufficient outside of the university bubble, there’s no reason they can’t be sufficient within it.
Brock University has recently updated their smoking and vaping policy to address the use of cannabis on campus; specifically banning smoking cannabis, banning the production of any cannabis edibles, and implementing scent-free cannabis storage rules. In addition to these policy updates, Brock is proposing to create a new “Fit for Work Standard” which could potentially include the monitoring of substances including cannabis to judge the impairment of their employees.
This is where my main concern lies. Regulation of a substance is a slippery slope. It’s no question that marginalized communities are disproportionately profiled and stand a greater risk of being unfairly policed and mistreated. I fear that what may start as well-intentioned smoking bans could quickly lead to prejudiced behaviour against vulnerable groups on campus.
It’s important to remember that there are many social determinants of cannabis use, and its misuse. Last week, I attended a roundtable on the impact of cannabis legalization which was held by the Michael G. DeGroote Centre for Medicinal Cannabis Research. One of the attendees, a representative from the Canadian Mental Health Association, stressed that we must not tread into the medical reductionism of cannabis. The harms that are associated to cannabis are tied to a myriad of social issues that we must address first. Poverty, housing instability, food insecurity and racism are all factors that contribute towards cannabis use. There are also those who use cannabis as a treatment for an uncountable number of diseases and disorders including insomnia, anxiety and depression.
How can we then justify a ban against cannabis? This would essentially be a ban against its users, many of whom are the vulnerable and disenfranchised. It’s unclear what McMaster plans to do. What is clear is that when creating policies like smoking bans, it is the responsibility of the university, which claims to care about its students, to consult the people who will be impacted.
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By Drew Simpson
As of Oct. 17, Canadians 19 or older, including the majority of McMaster students, will be able to legally possess up to 30 grams of cannabis and purchase weed from the Ontario Cannabis Store and regulated retailers. However, despite the update in federal legislation, McMaster is staying firmly committed to its smoking ban.
As defined by McMaster’s “Tobacco & Smoke-Free University Policy,” smoking includes “inhaling, exhaling, burning, or carrying any cigar, cigarette pipe or any other lighted or heated tobacco or plant product… including hookahs and cannabis whether natural or synthetic, in any manner or in any form.”
When it comes to students’ ability to smoke in their off-campus houses, landlords have the authority to permit or disallow cannabis. However, landlords cannot limit any other forms of cannabis consumption.
Students living in residence at the university have to sign the Residence Act. Surprisingly, the 2018-2019 Residence Act outlines restrictions on alcohol consumption and possession in residences, but does not mention cannabis at all. Despite this, Sean Van Koughnett, the dean of students at McMaster, has referred to those same alcohol consumption rules as a framework for regulating cannabis within residences.
Specifically, Van Koughnett says that students will be allowed to possess cannabis in residences and on campus as long as what they carry adheres to specific amounts specified in legislation. The specific amount stipulated in the cannabis act is up to 30 grams. It appears that the rules for cannabis consumption in residence will follow those for alcohol consumption.
Regarding edible possession, universities like the University of Toronto limit edible and oil consumption to the privacy of one’s residence room. However, Andrea Farquhar, assistant vice-president of McMaster communication and public affairs, speaks of potentially only allowing manufacturer labelled edibles and oils, with the goal being to limit mixing.
According to Farquhar, if cannabis is consumed straight from the container it was sold in, it must be labelled by the manufacturer. Consuming cannabis oil from any unlabelled container is not permitted. For instance, one cannot leave unlabelled edibles in a residence refrigerator.
Farquhar understands how difficult it is to enforce rules like this, but still aims to make the expectation known.
Edibles will not be sold by regulated stores until July 2019, however, giving McMaster and other universities much more time to clarify their rules regarding edible cannabis.
Moreover, the Cannabis Act allows possession but limits the transportation of cannabis. In particular, cannabis cannot be readily available to any person within a vehicle. This section fits neatly into McMaster’s rules as the university’s policy also bans smoking, including cannabis, within vehicles on McMaster property.
A concern that the university’s policy fails to address is growing cannabis. Nevertheless, it is clear that Canadian universities are largely seeking to prevent students from growing cannabis in residences. Odour is the most popular argument backing this decision.
Currently, McMaster’s smoke-free policy also does not address research-related smoking. While the Cannabis Act allows research as an exception to smoke-free policies, McMaster has never addressed research as an exception to its rules.
After Oct. 17, as long as students are over 19, purchase cannabis from regulated stores and consume it privately, they are within the law. However, key questions remain unanswered and some McMaster rules may need fresh examination amid legalization.
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Update [June 8 @ 14:56]: The Act was passed in the Senate of Canada on June 7, 2018. After reconciliation of the House and Senate bills, the Act will be effective in the summer of 2018.
One of the biggest milestones in the Canadian history of legalized weed might come into play this summer.
As of right now, marijuana remains a Schedule II drug under the Controlled Drug and Substances Act. Unless otherwise regulated for production and distribution for medical purposes, it is subject to offenses under that act. Processing and selling marijuana for non-medical purposes is still illegal everywhere in Canada.
The Cannabis Act, also known as Bill C-45, is an act that was introduced to Canadian Parliament in 2017. This act would legalize cannabis nationwide when combined with Bill C-46, an act to amend the criminal code.
Under the Cannabis Act, should it come into force, adults who are 18 years or older would be able to legally possess up to 30 grams of legal dried cannabis or equivalent in non-dried form and share up to 30 grams of legal cannabis with other adults.
This act would also allow adults to purchase dried or fresh cannabis and oil from a provincially-licensed retailer, grow up to four cannabis plants per residence for personal use and make cannabis products, such as food and drinks, at home provided that organic solvents are not used.
The Cannabis Act will also see strict regulation under federal, provincial and territorial governments who would share responsibility for overseeing the new system. The federal government’s responsibilities are to include setting strict requirements for producers, setting industry-wide rules and standards, including the types of cannabis products that will be allowed for sale, the pacakge and labelling requirements, standardizing serving sizes and potency
Despite the federal government’s efforts to make the July 1 target to pass the Cannabis Act, new reports say that the bill will need to be delayed to ensure that provinces and territories have the capacity to get the products in their shops. The senate will vote on the Cannabis Act on June 7.
Until then, Canadian cities are awaiting the regulations to take effect. In an email, Constable Lorraine Edwards, Hamilton Police Media Relations Officer, noted that until the legislation is passed, Hamilton Police will continue to enforce current laws.
“Hamilton Police is currently enforcing the laws outlined under the Controlled Drugs and Substance Act in relation to all listed drugs including marijuana,” said Const. Edwards. “Until such regulation or legislation changes, we will continue to enforce the laws outlined in the CDSA.”
The rise in local dispensaries has seemed to significantly blurred the lines of legality in Canada over the past few months. According to the Government of Canada, dispensaries are not licensed by Health Canada under the current law, and are illegal.
Within the past year, the number of marijuana dispensaries operating in Hamilton has nearly tripled despite increased bylaw enforcement efforts. There are now nearly 50 dispensaries operating in the city.
Ward 2 councillor, Jason Farr, has noted that the number of illegal dispensaries in this city may be affected with the enactment of the Cannabis Act.
“The growing number of dispensaries may be affected by a motion I successfully moved last year,” said Farr. “[the motion] respected a radial separation between establishments. At that time, the province had not yet announced its plans to exclusively sell through an LCBO model. The coming results of the Provincial Election may bring back the possible radial separation by-law to council.”
The Cannabis Act is not set to take effect for another few months. In the meantime, cities are planning the logistics behind operating under this framework.
“The reality is the federal government has decided to legalize marijuana in Canada,” said Farr. “It’s our job as a municipal government to ensure that once the federal legislation takes effect, we mitigate any issues that may arise and I believe we are well prepared to do so.”
