Canada’s official statistics gathering agency Statistics Canada, says that marijuana related offences reported by police are declining.

As the deadline approaches for legalisation in July 2018, the plant and drug remain illegal for recreational use, but with coming legalisation a sort of grey zone has developed.

Provinces for their part are struggling to organise and control distribution and taxation structures and have asked for more time. Prime Minister Trudeau says the date is set. This leaves a degree of consternation and uncertainty for police and provincial governments.

William Bogart (LLB, LLM) is a Distinguished professor and professor of Law at the University of Windsor in Ontario, and author of “Off the Street: Legalizing Drugs”.

Professor William Bogart, (LLB LLM) University of Windsor © supplied

Statistics Canada says police have laid 55,000 marijuana related charges last year, but that’s down 6,000 from the year before.

Off the Street-legalizing drugs by law professor William Bogart © Dundurn Press

Some police agencies are adamant about enforcing the law that is still in force, while others seem to think if it’s going to be legalised in a year, their time and effort should be spent on dealing with other criminal activity.

It’s leading to some differences in enforcement in various jurisdictions, and professor Bogart says that’s never good in law, and in society.

The provincial premiers have met and continue to consult on how they will cope with the coming legalisation, in terms of distribution and taxation. They’re seeking to avoid differences among the provinces.

Ontario Premier Kathleen Wynne, left, looks to Alberta Premier Rachel Notley as she speaks during the final press conference at the Council of Federation meetings in Edmonton last week. Premiers discussed pot delays, court delays and the opioid crisis. © Jason Franson/The Canadian Press

Legal questions are also being discussed, as to those charged for criminal possession of cannabis, but whose cases might not be heard until after it becomes legal. There are also questions about giving someone a criminal record for an offence that will cease to exist in a matter of months.

Marc and Jody Emery had opened a number of marijuana dispenseries, such as this one in Toronto in March challenging authorities saying it’s going to be legal in a year, so we should be left alone. Police in Toronto, Montreal and elsewhere shut down the stores and arrested them after letting them operate for a short period. © Andres Billiald/CBC

Professor Bogart agrees with those who say to avoid such confusion and distractions over questions of the illegality/coming legality, the government should have moved quickly to decriminalize simple possession and use.

A young man smokes a joint unchallenged even as police officers stand outside the Cannabis Culture shop during a police raid in Vancouver, B.C. on Thursday March 9, 2017. © THE CANADIAN PRESS/Darryl Dyck

He, like others including the federal New Democratic Party, feel that decriminalisation would enable energies and efforts to be focused on the many other issues still to be dealt with before it becomes legal while also freeing up the overloaded court system in this country.

Additional information