PS268 Chapter Notes - Chapter 3: First Nations, Good Manufacturing Practice, Compulsory License
Module I: Introduction to Psychoactive Drugs, Behaviour, and the Brain
(Chapter Three – Drug Policy)
3.1 − The (istory of Drug Regulations
- Up until 1908, there were no regulations
- Creation of drug regulations were not based on the safety of the population or the dangers
of drugs, but more with public fear and political and momentary agendas
- Two factors contributed to the escalation of antidrug policies and the public’s fear of
Chinese immigrants
1. Association between elements of the euro-Canadian society and Chinese immigrants
▪ Mixing of races was a bad thing
2. Chinese immigrants perceived as economic threat to Euro-Canadians
- Opium Act of 1908
o Mackenzie King was shocked by the extent of the opium trade in BC
o Four Main Concerns:
1. Opium smoking becoming more popular among white people
2. Chinese making vast profits in trade
3. Opium trade in violation of provincial pharmacy legislation
4. Canada had to set an example for an international campaign if it doesn’t work
o Made it indictable to import, manufacture, sell, or possess to sell
▪ Not simple possession or use
▪ Created a black market for opium
o In 1911, The Opium and Drug Act began the enforcement of Canadian drug policy
▪ Harsh antidrug legislation
o Habitual drug use associated mostly with Chinese immigrants, many Canadians felt
they were immune from the effects of drug legislations
- Patent Medicine Act of 1909
o Required documentation and approval of a small number of drugs formulated and
issued by doctors
o Prohibited use of cocaine in medicines and to label ingredients
o Minister of Health had authority to cancel or suspend license for violations
- Narcotic Control Act of 1961
o It was during this period that the idea of treating habitual drug users first became
significant
▪ Began to be perceived as a disease, not a crime
o Criminalization of drugs in Canada made possible because of the strong belief that
certain drugs had the ability to enslave users
o Social distance between drug users and mainstream society narrowed considerably
due to the large number of middle class youth using drugs without turning into
dangerous lunatics
▪ Difficult to maintain myths that it enslaves users
- The Le Dain Commission
o Studied illicit drug issue in Canada
o Produced four reports
find more resources at oneclass.com
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o Most significant recommendation was the gradual withdrawal of illegal drug
criminalization
▪ Recommended greater leniency for crime of possession
o Recommended possession of cannabis not be considered an offence
o Policies did not chance
- The Canadian Drug Strategy
o Ronald Reagan declared a new war on drugs
▪ Began a new era of drug prohibition and law enforcement
o Led to the development of Canadian Drug Strategy
▪ Controlled Drugs and Substances Act voted into the law
3.2 − Controlled Drugs and Substances Act 1996]
- Importation, production, distribution, and possession of various drugs and substances
governed primarily by provisions of the Controlled Drugs and Substances Act (CDSA)
- CDSA prohibits importation, exportation, production, sale, provision, and possession of a
wide variety of controlled drugs and substances, except when permitted
o Controlled drugs for medicine may be legally obtained with a prescription
- Not all offences result in a criminal record or conviction
o Summary Conviction:
▪ Does not normally result in criminal record
▪ Possession of 30g or less of cannabis or 1g or less of cannabis resin
o Either
▪ Simple possession of more than 30g of cannabis or 1g of cannabis resin
o Indictable Offence:
▪ Trafficking or possession for purpose of trafficking cannabis
- Sentencing
o Considerable discretion in sentencing offenders under the CDSA
o Takes many aggravating factors into play when sentencing
▪ Selling drugs to children
▪ Using or involving children
▪ Selling drugs near schools or other places where youth frequent
- Drug Paraphernalia Laws
o Summary conviction offence to import, export, manufacture, promote, or sell
instruments or literature for illicit drug use
o Only in Ontario
- Sale of Alcohol and Tobacco
o Subject to both federal and provincial or territorial legislation
- Impaired Driving
o Criminal code of Canada contains offences related to drunk driving
- Diversion to Treatment
o Some legislation allows for diversion from criminal justice system to treatment
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Module i: introduction to psychoactive drugs, behaviour, and the brain. Up until 1908, there were no regulations. Creation of drug regulations were not based on the safety of the population or the dangers. Two factors contributed to the escalation of antidrug policies and the public"s fear of of drugs, but more with public fear and political and momentary agendas. Chinese immigrants: association between elements of the euro-canadian society and chinese immigrants, mixing of races was a bad thing, chinese immigrants perceived as economic threat to euro-canadians. In 1911, the opium and drug act began the enforcement of canadian drug policy: harsh antidrug legislation, habitual drug use associated mostly with chinese immigrants, many canadians felt they were immune from the effects of drug legislations. 3. 2 (cid:498)controlled drugs and substances act (cid:523)1996(cid:524)(cid:499)] Importation, production, distribution, and possession of various drugs and substances governed primarily by provisions of the controlled drugs and substances act (cdsa)
