User:Wayne P. Phillips

[[/sandbox] “There is a new drug in the Schedule”: Cannabis Prohibition

Panic and Indifference1 authors Giffen, Endicott, and Lambert state on page 179 that, “Unlike other narcotic drugs brought under federal control up to and during the 1920's, marijuana was added to the Schedule before it came to be defined as a social problem in Canada. Why this was so remains a mystery. A search through the Division files yielded no explanation. The addition of marijuana to the Schedule was apparently not a major policy decision. No explanation for its inclusion was given to Parliament, nor was any explanation asked for by any Member of either the House of Commons or the Senate. Interestingly enough, a draft of the 1923 Bill found in one file made no mention of marijuana on the Schedule. The file following this contained several carbon copies of the draft. One of these had obviously been put into the typewriter again, and “Cannabis Indica (Indian Hemp) or Hasheesh” had been added to the Schedule. Whoever added those words were apparently under the impression that hasheesh was simply a synonym for cannabis indica.

Not only was there no problem of marijuana use in Canada, but also, technical knowledge of the drug seems to have been lacking. What information did exist, and what were the influences that might help to account for its addition to the Schedule? In the 1890s, the Indian Hemp Drugs Commission had published a definitive and detailed seven-volume Report on Indian Hemp, but whether this work was known in Canada we have no way of telling. There is no reference to it in Emily Murphy's book nor in the Department files.

According to the House of Commons Debates on March 14, 1923, pages 1136 – 2124 under the title, "Narcotic Drugs Act Amendment Bill it states:  "Hon. H.S. Béland, the Minister of Health moved for leave to introduce Bill No. 72 to amend the Narcotic Drugs Act. The House of Common Debates also goes on to state that regarding the Narcotic Drugs Act Amendment Bill. Minister of Health, the Hon. H.S. Béland moved the second reading of Bill 72, to amend the Narcotic Drugs Act. The Motion was agreed to, and the bill was read the second time, which the House went into committee thereon. Furthermore, drug in the Schedule.”; cannabis was never referenced. The House of Commons Debates simply states that the Bill was reported, read the third time and passed."

House of Commons Debates, 14th Parliament, 2nd Session: Vol. 2, page 1136, 14th of March, 1923, under the title, "Narcotic Drugs Act Amendment Bill" [image 112] &

House of Commons Debates, 14th Parliament, 2nd Session: Vol. 3, pages 2114-2124, [images 70–80]

The 1923 House of Commons Debates, 14th of March, 1923, from pages 1136 – 2124 under the title, "Narcotic Drugs Act Amendment Bill states:  "Hon. H.S. Béland2 (Minister of Health) moved for leave to introduce Bill No. 72 to amend the Narcotic Drugs Act.

He said, "The purpose of this bill is principally to consolidate previous legislation for the suppression of the traffic in narcotic drugs. Legislation was first enacted in 1908, and subsequent legislation was enacted in 1911, 1919, 1920, 1921 and 1922. At present the legislation is somewhat confusing, and the purpose of this legislation is to make the interpretation of these different statutes clearer and easier for those charged with the administration of this law. There are a few minor changes. One change relates to the right of appeal which in some cases is limited to a point of law. There is another minor change, as I take it, providing for the identification by the fingerprints of criminals convicted under the act."

"Motion agreed to and bill read the first time..." The House Of Commons, Debates, 1923, (p. 2114)

"Narcotic Drugs Act Amendment Bill. Hon. H.S. Béland (Minister of Health) moved the second reading of Bill 72, to amend the Narcotic Drugs Act.

Motion agreed to, bill read the second time, and the House went into committee thereon, Mr. Gordon in the Chair."

The Chair starts; "On section 2--Definitions, "drug," "opium," "prepared opium," "imports" or "imported":

"Sir Henry Drayton: Before we go into the sections of the bill, I think it would assist us if the minister told us what is being done by this bill, whether it is a modification of the existing law, or an enlargement, and what the aim of the bill is."

"Mr. Béland: When I introduced the bill I attempted to explain in a few words that this was only a consolidation of the different acts passed by this Parliament on four different occasions, I believe. I also mentioned that there would be a slight addition, to which we will come as we proceed with the examination of the bill. The new features are in connection with an appeal in certain cases, and with the identification of those detained after a charge has been brought against them, or after they have been convicted. This is provided for at the end of the bill. The other provisions of the bill are mainly a consolidation of the different acts, in an endeavor to make some sections clearer for the interpretation of the courts." House of Commons, Debates 1923, P. 2124; From the chair: "On the schedule."

"Mr. Béland: There is a new drug in the Schedule.

"Bill Reported, read the third time and passed."