De la criminalisation à la légalisation des drogues : de Charybde en Scylla ?

Beauchesne, Line

doi:10.7202/017274ar

Cited by 3 publications

(2 citation statements)

References 7 publications

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“…As outlined in many public health documents, the main challenge facing cannabis regulation through legalization processes consisted of finding the right balance between authorizations and prohibitions. Attested over and over again with cannabis, as well as in the tobacco and alcohol or “illegal” substances fields, excessively liberal or prohibitive frameworks lead to undesirable effects on public health and its determinants (Alberta Health Services, 2020; Beauchesne, 1989; Gagnon, 2021; Health Officers' Council of British Columbia, 2005).…”

Section: Discussionmentioning

confidence: 99%

Municipal regulation of cannabis and public health in Canada: A comparison of Alberta, Ontario, and Québec

Gagnon

Huỳnh²,

Kilborn

et al. 2022

Behavioral Sci & The Law

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Canada legalized nonmedical cannabis in October 2018, but significant variations in municipal regulations exist. This study explored the variations that exist and pondered their potential public health consequences. A comparative analysis was completed on the regulations and guidelines that addressed retailers' location and public consumption in the municipalities of Alberta, Ontario, and Québec. Municipal regulations that addressed the location of retailers were more numerous and extensive in Alberta and Ontario (in the context of provincial private retail models) than in Québec (government-based model). Municipalities in Alberta added more restrictions to public consumption laws as compared to municipalities in Ontario and in Québec. These additions were made to Alberta's and Ontario's provincial-level smoking and vaping bans which used tobacco-inspired frameworks, and to Québec's ban on smoking and vaping in all public spaces. The comparative analysis showed the importance of considering municipal cannabis regulations when studying the impact of legalization, given the significant variations that exist. Policy makers should be made aware of these variations in the regulation of cannabis in order to limit health harms and further social inequalities.

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Section: Discussionmentioning

confidence: 99%

Municipal regulation of cannabis and public health in Canada: A comparison of Alberta, Ontario, and Québec

Gagnon

Huỳnh²,

Kilborn

et al. 2022

Behavioral Sci & The Law

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“…A key challenge facing cannabis regulation through legalization processes consists of finding the best equilibrium between regulations and prohibition. Public health articles from Canada have noted that overly liberal or prohibitive frameworks lead to undesirable effects on public health and its determinants (Alberta Health Services, 2020; Beauchesne, 1989; Gagnon, 2021; Health Officers' Council of British Columbia, 2005). Therefore, variations across jurisdictions occur, which have been observed across provinces and municipalities in Canada following the legalization of non‐medical cannabis in October 2018.…”

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confidence: 99%

Editorial: Cannabis and the law

Dumais

Felthous

2022

Behavioral Sci & The Law

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The tension between social acceptance and legal regulation of cannabis use has a long and conflictual history. Polarizing attitudes concerning cannabis use increased in the late sixties and seventies, as controlling laws became more severe and use became more widespread. Scientific knowledge on the substance was then meager, which itself may have contributed to a view that cannabis use was neither therapeutic nor harmful. As use has become even more of an issue of acquiescence and acceptance in recent years, even being promoted and commercialized on an unprecedented scale with several medical indications identified, it has been legalized for recreational and/or medical use in many U.S. states, Canada, and other western countries. Cannabis is thus one of the most used psychoactive substances in the world after alcohol and nicotine ( United Nations Office on Drugs and Crime ( UNODC ), 2019 ).

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Social Morality and the Civil Rights of Canadian Drug Users

Beauchesne¹

1991

Journal of Drug Issues

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How far should the state go to prevent drug abuse? This paper rejects H.L.A. Hart's paternalism, and even more strongly opposes Lord Devlin's case for the legal enforcement of morals. It adopts instead, J. S. Mill's argument that only public defence justifies state intervention or coercion. Canadian drug laws, which embody Devlin's position, are abusive of civil rights and ineffective despite their oppressiveness. In particular, the paper examines the violation of rights involved in school and employment drug detection plans, and also in compulsory treatment programs for illicit drug users. Basic legal reform is advocated.

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De la criminalisation à la légalisation des drogues : de Charybde en Scylla ?

Cited by 3 publications

References 7 publications

Municipal regulation of cannabis and public health in Canada: A comparison of Alberta, Ontario, and Québec

Municipal regulation of cannabis and public health in Canada: A comparison of Alberta, Ontario, and Québec

Editorial: Cannabis and the law

Social Morality and the Civil Rights of Canadian Drug Users

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