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What do the new laws on cannabis mean?
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What do the new laws on cannabis mean?
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What do the new laws on cannabis mean?
Reviewed:
October 17, 2018
Answer
Cannabis was legalized in Canada on October 17, 2018. Cannabis is also called weed, pot, and marijuana.
There are federal and provincial laws that deal with:
- how cannabis can be bought and sold
- where cannabis can be bought, sold, and grown
- who can buy, sell, and grow cannabis
- who can have and smoke cannabis
In Ontario you must be 19 and older to buy, have, use, and grow cannabis. This is the same age requirement that applies to alcohol and tobacco use.
You can only buy recreational cannabis from the online Ontario Cannabis Store (OCS).
You can also grow up to 4 cannabis plants per household using seeds purchased from the OCS.
You can also get cannabis from someone as long as:
- you are both over 19 years old
- it is under 30 grams dried
- they bought it from the OCS or grew it at home using seeds purchased from the OCS and as long as they don’t have more than 4 cannabis plants
- you did not pay money for it
It is illegal to get cannabis any other way.
Before the new laws, it was illegal to have or use cannabis for a recreational purpose. The only exception was medical cannabis.
Medical cannabis
Medical cannabis is cannabis prescribed by a doctor to treat a medical condition. There are different rules that apply to medical cannabis.
Travelling
If you’re travelling within Canada, you have to follow the laws of the province and municipality you’re in. For example, each province has different age requirements about how old you must be to have, smoke, and use cannabis.
If you’re travelling outside of Canada, it is illegal to take recreational and medical cannabis across international borders.
Pardons
The federal government has said it will give pardons to everyone previously convicted of possession of 30 grams or less of cannabis. They are working on a process for how this will be done.
1. Understand what you are allowed to do
You must follow the laws about cannabis.
What you're allowed to do
In Ontario adults age 19 and older can:
- buy dried cannabis, fresh cannabis, and cannabis oil from the online Ontario Cannabis Store
- have 30 grams or less of dried cannabis or its equivalent in public
- share up to 30 grams of cannabis with other adults age 19 and older
- grow up to 4 cannabis plants per household (not per person)
- make cannabis food and drinks at home, as long as they don't use butane and similar flammable, dangerous fuels to create drug products like butane hash oil
- transport within Ontario 30 grams or less of dried cannabis or its equivalent if it’s packaged in baggage that is fastened closed, meets any further lawful requirements, and is not readily available to the driver or person controlling the vehicle or boat
What you’re not allowed to do
You cannot:
- have more than 30 grams of dried recreational cannabis or its equivalent in public
- have any cannabis you know was not purchased legally through the Ontario Cannabis Store or grown legally for personal use
- have any budding or flowering cannabis plants in a public place
- use cannabis at work
- use cannabis in certain public places
- use cannabis while driving, or controlling a vehicle or boat
- use cannabis while a passenger in a vehicle or boat, whether moving or not
- use cannabis in any place the laws say you can’t
Reviewed:
October 2018
2. Get cannabis legally
There are 2 ways to get cannabis legally.
The Ontario Cannabis Store
You can buy cannabis legally through the online Ontario Cannabis Store.
The Ontario Cannabis Store sells:
- a variety of dried cannabis
- cannabis oil-based products
- cannabis seeds
- accessories, such as rolling papers, pipes, and vaporizers
Edible cannabis products and concentrate may be available for legal sale in the fall of 2019.
How you get your online order
Canada Post delivers your order safely and securely in discreet, plain packaging. When you accept delivery, you must show photo identification issued by the government or the L.C.B.O. to prove your age. Packages will not be left unattended at your door.
Plans for retail stores
For cannabis sales in Ontario, the government has introduced legislation that will allow a private retail model. This means that private retail stores that are licenced by the government will be able to sell cannabis. This is scheduled to take effect on April 1, 2019.
Under the proposed model, the Alcohol and Gaming Commission of Ontario will decide which retail stores are given a licence. The Ontario Cannabis Store will sell wholesale cannabis to the licensed stores.
Strict rules will help keep recreational cannabis away from children and youth. These rules will also help reduce the illegal market.
Grow your own cannabis
Each household can grow up to 4 cannabis plants from legally purchased seeds or seedlings from the Ontario Cannabis Store. That means 4 plants per household, not per person.
It does not matter if there is more than one adult living in a household, the maximum number of plants is 4.
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Ontario Cannabis Store
Reviewed:
October 2018
3. Learn how much cannabis you can have
You can buy up to 30 grams of dried recreational cannabis at one time for personal use. This is just over an ounce. You can have up to 30 grams of dried cannabis, or its equivalent, in public at any time.
One gram of dried cannabis is equal to:
- 5 grams of fresh cannabis
- 15 grams of edible product
- 70 grams of liquid product
- 0.25 grams of concentrates (solid or liquid)
- 1 cannabis plant seed
If you have more than 30 grams of dried cannabis, or its equivalent, in public you can be charged with a crime.
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Reviewed:
October 2018
4. Learn where you can use cannabis
Generally, the rules about smoking and vaping cannabis are similar to the rules about tobacco use.
You will be allowed to smoke and vape cannabis:
- in private homes (not including homes that are also a workplace, such as long-term care facilities and retirement homes)
- outdoor public places such as sidewalks and parks
- specific guest rooms in hotels, motels, and inns that allow smoking and vaping
- vehicles and boats that are used as a home, and are parked or anchored
You may also be able to smoke or vape cannabis in specific areas where it is allowed in:
- long-term care homes
- retirement homes
- hospices
- supportive housing funded by the province
- psychiatric facilities
- veterans' facilities
You will not be able to smoke or vape cannabis in:
- shared indoor areas of condos, apartment buildings, and university or college residences
- public places and workplaces within buildings and other enclosed places
- guest rooms in hotels, motels, and inns that do not allow smoking or vaping
- schools, playgrounds, places where children gather, or public areas within 20 metres of those places
- places where home child-care is provided, even when children aren't there
- public sports fields, nearby spectator areas, and other public areas within 20 metres of those places
- near the entrance or exit of hospitals, psychiatric facilities, or long-term care homes
Other outdoor areas
You will not be able to smoke cannabis:
- in restaurants, on bar patios, and in pubic seating areas within 9 metres of a patio
- on the grounds outside of specific Ontario government buildings
- in reserved seating areas at outdoor sports and entertainment locations
- on the grounds of community recreational facilities, and other public areas within 20 metres of those places
- in outdoor areas with a roof and more than two walls where people could be, such as a bus shelter
Other rules about using cannabis
In addition to federal and provincial laws about cannabis, there may be other rules about where you’re allowed to smoke and vape. These rules can be found in:
- municipal bylaws
- lease agreements
- policies of employers
- policies of property owners
Make sure you find out about these rules and follow them.
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Reviewed:
October 2018
5. Know what happens if you don't follow the rules
You can be charged with a crime or provincial offence if you don't follow the laws.
Federal laws
Depending on the suspected offence, you could face serious consequences including criminal charges if you break the cannabis laws.
You can be charged with a crime if you:
- have more cannabis in public than you are allowed
- purchase cannabis from an illegal source
- sell or distribute cannabis
- grow more than 4 cannabis plants per household
- import or export cannabis
If you do any of these things, you could have to go to jail or pay a fine. The maximum jail time for possessing more cannabis that you're allowed is 5 years. For many other offences, the maximum jail time is 14 years.
Provincial laws
Under provincial law, there are offences for:
- buying cannabis from a retailer other than the Ontario Cannabis Store
- having cannabis that was not bought or grown legally
- sharing cannabis that was not bought or grown legally
- knowingly sharing cannabis with a person who may be intoxicated
If you do any of these things, you could get up to 1 year in jail, a fine of up to $100,000, or both.
If you use cannabis in a place where you're not allowed to, you can get:
- a fine of up to $1000 for a first conviction, or
- a fine of $5000 for a conviction that is not your first.
People under 19
There are strict rules to stop people under the age of 19 from buying, having, and using cannabis.
It is a criminal offence to:
- give or sell cannabis to a person under the age of 19, or
- use a person under the age of 19 to commit a cannabis offence.
If you do any of these things, you could be sent to prison for up to 14 years.
It is also an offence to:
- advertise cannabis in a place where people under the age of 19 can take advantage of the offer
- sell cannabis products that are specifically attractive to young people
- package cannabis in a way that makes it more attractive to young people
- allow people to buy cannabis by serving themselves, such as at a vending machine
If you do any of these things, you could be sent to prison for 3 years, pay a fine of $5 million, or both.
Offences under the Youth Criminal Justice Act
If you're 12 to 17 years old, you can be charged under the Youth Criminal Justice Act for a criminal offence related to cannabis.
It is an offence to:
- have over 5 grams of cannabis, or its equivalent
- share cannabis with anyone under the age of 19
- sell cannabis
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Ontario Ministry of the Attorney General
Health Canada
Justice for Children and Youth
Reviewed:
October 2018