The history of marijuana prohibition in Canada is peculiar. Cannabis was not officially outlawed in Canada until 1923, when it was added to the schedule of prohibited drugs in the Opium and Narcotic Drug Act. Cannabis was added to the drug schedule without any debate in the House of Commons. No scientific evidence was used to justify the substance's place in the schedule of prohibited drugs.

The Opium and Narcotic Drug Act itself was enacted in 1908 under racist pretenses. In the early 20th century, the National Railway had just been completed with the abuse of Chinese migrant labour.

Over 4 000 Chinese labourers died during the construction of the railway. Once the railway had been completed, Vancouver found itself home to thousands of unemployed and impoverished Chinese, who lived in slums and shantytowns. Organized labour in British Columbia feared that the Chinese would flood the labour market and depress wages. The government responded by instituting a head tax on Chinese immigrants.

Then-Deputy Minister of Labour McKenzie King was tasked with containing civil unrest in British Columbia. In 1907, labour uncertainty and Chinese hatred resulted in riots. King had noted the high use of opium among the Chinese population. He recommended prohibiting opium and making the sale, possession and consumption of the substance illegal. The Act was made law in 1908. To this day, the Act has been used as the legislative basis for outlawing all other illicit drugs in Canada, despite the fact the law was originally intended to eliminate the Chinese element from the labour pool.

Back in the roaring twenties, a religiously inspired moral reform movement was popular. Emily Murphy was one of Canada's "Famous Five," who successfully argued that women were persons under Canadian law. Murphy, on top of being a leading suffragette, was also at the forefront of the moral reform movement in Canada, which targeted adultery, immigration, alcohol and drug use. Murphy wrote a book entitled The Black Candle under the pseudonym Janey Canuck. In the work, Murphy associated marijuana use with moral depravity and homicidal outbursts. The book was released in 1922 with the intention of creating public hysteria over drugs. Murphy's efforts to create panic were largely successful, as marijuana was banned the following year.

The prohibition of cannabis was not enforced with much vigour until the mid-sixties. There were very few possession charges laid by police in Canada between 1923 and 1966-in some years, no arrests for possession were made at all. 1966 was the first year when over 100 arrests were made for illegal possession of marijuana.

In the early 1970's, both the Canadian and American Medical Associations argued that marijuana is not a narcotic. The Canadian government convened the Le Dain Commission to factually study marijuana and its effects. The Commission concluded that marijuana use is not linked to violent behavior and that the prohibition law clogs the judicial system and provides a base of funds for organized crime. The Le Dain commission recommended either the decriminalization or legalization of marijuana.

Thirty years have passed since the Le Dain Commission recommended reform to Canada's marijuana laws. Marijuana possession is prohibited by Canadian law, as articled in the racist Opium Act of 1908.

2004 H.U.M.A.N.: Hemp Users Medical Access Network - Toronto Medical Marijuana