What Is Cannabis? |
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Cannabis is a psychoactive drug derived from the plant of the same name. This plant produces a group of chemicals called cannabinoids that causes mental and physical stimulation. Many people use it for medicinal purposes such as pain control as it is known to lessen the effects of severe pain. Some people smoke it recreationally to achieve a type of high.
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After years of debate, recreational cannabis was legalized across Canada on October 17th, 2018 by the Federal Government. This legalization opened the gate to buy and possess cannabis for recreational purposes, but only under strict rules to avoid it from being misused.
As the ruling is new and its full implementation will take time, there is a lot of buzz regarding the in-depth details, associated regulations, availability of cannabis, law enforcement against illegal use, etc., that can encourage the spread of misleading information. To keep the rumour mills at bay, our Brampton law office staff have come up with seven practical things you need to know about cannabis legalization in Ontario (some rules are subject to provincial or territorial restrictions in other parts of the country).
1) Minimum Age Is 19 Years
The first thing to know is that a person must be at least 19 years old to use, possess and grow recreational cannabis. Only those consumers who are 19 or older will be able to purchase cannabis from the online platforms provided by the government stores like the Ontario Cannabis Store.
2) Limited Quantity Is Available for Purchasing
Individuals who are 19 or older are permitted to purchase up to 30 grams (about one ounce) of dried recreational cannabis at a time for personal use. The same amount is permissible to possess in public at any time and an equivalent quantity can be shared with older adults.
3) Government Cannabis Store Is the Only Legal Option for Purchasing
It was proposed that cannabis will be available at Government-operated storefront, privately-licensed stores and provincially operated retail stores. But, in some provinces (including Ontario), province operated online stores are the only legal option to purchase cannabis. Additionally, the online purchase will include a verification system for home delivery of the cannabis product.
The Government is planning to launch a tightly regulated private retail model by April 1st, 2019. Private stores will be introduced after following strict rules by the federal government to combat the illegal market and protect children and youths from getting exposed to the misuse of this plant.
4) Limited Plants Are Allowed to Grow
The new law states that up to four plants per residence or household (not per person) will be the legal limit to grow cannabis. That said, only licensed seeds or seedlings from licensed suppliers should be used for planting.
5) Restrictions Are Laid on Public Use of Cannabis
The government has made rules for where to use and where not to use cannabis, for both recreational and medicinal purposes. You can smoke and vape cannabis at-
- Private residences (excluding residences that also function as a workplace, for example, retirement homes and long-term care facilities)
- Outdoor public places such as parks and sidewalks
- Scientific research and testing facilities (if the research and testing is being done for the scientific purpose)
- Designated guest rooms in hotels, inns and motels
- Residential boats and vehicles that meet certain criteria such as if they have a permanent cooking area, sleeping accommodations and are anchored or parked
- Controlled areas such as residential hospices, designated psychiatric facilities, certain retirement rooms, etc.
On the other hand, you cannot smoke or vape cannabis at-
- Indoor common areas in apartment buildings, condos and residences of university/ college
- Non-designated guest rooms in hotels, inns and motels
- Enclosed public spaces and work places
- Places where children gather such as schools, school grounds, child care centres, children’s playgrounds, public areas within 20 metres of these grounds and places where home child care is provided
- Publicly owned spaces such as near spectator areas, sports fields (excluding golf courses and public areas within 20 metres of these areas
- Vehicles and boats that are moving, being driven or at the risk of being put into motion (not parked or anchored)
- Restaurants, bar patios, grounds of community recreational facilities, reserved seating areas at entertainment and outdoor sports locations and sheltered outdoor areas with a roof where people frequently gather or are invited
6) Access to Medical Cannabis Is Not Changed
The production and sale of cannabis for medicinal purposes is regulated strictly by the federal government. Even after the legalization of recreational cannabis, the use of and access to this plant for medical reasons has not changed. If you have been authorized by a health care professional to use cannabis as a medicine, then you can purchase it with a written order, from a federally licensed producer online or over the phone and get the product delivered by secure mail. That said, you can also apply for a license from Health Canada to grow medical cannabis on your own or delegate someone else to plant and grow it on your behalf.
7) Driving Under the Influence (DUI) of Cannabis Is Still Illegal
Cannabis legalization is not the green signal to get high while driving. Impaired driving by cannabis is illegal and dangerous. This psychoactive drug stimulates your brain and slows down your reaction time, thus increasing your chances of collision when driving under its influence. If a police officer finds that you’re impaired by cannabis while driving, then it can lead to an immediate license suspension, vehicle impoundment, financial penalties and jail time, especially if you don’t have a DUI lawyer to represent you in the court.
There is so much more to be implemented at a grass root level to experience the positive effects of the Cannabis Act which is the original thought behind this revolutionary legal move. Although the rules are subject to provincial or territorial restrictions, yet we hope that the above-mentioned blog post about the rules in Ontario will help you understand what you should expect to get in other provinces. If you want to learn more about the new rules regarding Cannabis Act in Ontario, click here. Also, you can contact a criminal law firm near you to get more details regarding this new act.