Personal Growth and Use Limitations Posted onJanuary 9, 2018June 16, 2020/ Devry Smith Frank LLP The Cannabis Act, once in force, prescribes a number of limitations regarding the personal cultivation and consumption of marijuana in Canada. For example, the Act permits anyone over the age of 18 to consume cannabis and permits each household to grow up to 4 cannabis plants for personal use. However, the legislation also permits each Province to raise the minimum age of consumption or to further restrict how much cannabis can be grown for personal use. Some of the other key questions regarding personal growth and use of marijuana are: Where can you legally purchase materials and seeds to begin cultivating your own plants? Where can you grow your plants on your property? Are there height restrictions for plants? Can you transfer cultivation to another individual? To answer some of these questions, the Government of Canada has provided a Q & A section to their website, addressing FAQs surrounding personal cultivation. For example, if you wish to purchase your own seeds and materials to cultivate your own cannabis plants, you must acquire the proper materials and seeds from a “provincially or territorially regulated retailer or…federally licensed producer.” In addition, if you are unable to cultivate your own plants, you will only be eligible to transfer the cultivation to another person if you “have been authorized by your healthcare practitioner to use cannabis for medical purposes…[and] are unable to cultivate your own cannabis.” In all other cases, you must cultivate your own plants that you wish to grow for personal use. Each province and territory has been working hard over the past year to prepare for the legalization of cannabis, and as of December 2017, they’ve made some progress. Below is a summary of many of the local proposals which have been announced so far: B.C. Age of Consumption: 19 Sale and Distribution: Public and Private Stores (retailers must purchase supply from government regulated wholesale distribution system) Alberta Age of Consumption: 18 Sale and Distribution: Private operators (must only sell cannabis and cannabis-related products). Online sales will be controlled by the province. Saskatchewan Held a public consultation and will introduce legislation after their review. Manitoba Age of Consumption: 19 Sale and Distribution: Manitoba Liquor and Lotteries will regulate the sale of cannabis (municipal governments are given the option to ban sales by referendum) Personal Cultivation: Prohibited Ontario Age of Consumption: 19 Sale and Distribution: 150 LCBO-run stores and online sales Personal Cultivation: Up to 4 plants per household Possession: 30 grams for an adult and up to five grams for a youth Consumption: Have banned the consumption of cannabis in public spaces and workplaces – There is a zero tolerance policy for drivers Quebec Age of Consumption: 18 Sale and Distribution: Through provincially run liquor board (opening 15 stores) and controls online sales Personal Cultivation: Prohibited Possession: Prohibited for an adult to possess, in a place other than a public place more than 150 grams Consumption: Must be consumed in the same places as tobacco. Prohibited on university and CEGEP grounds – There will be a zero tolerance for drivers New Brunswick Age of Consumption: 19 Sale and Distribution: Will be sold by a subsidiary of the province’s liquor commission – Will require any cannabis in households to be locked up P.E.I. Age of Consumption: 19 Sale and Distribution: Outlets run by the liquor commission and allow online sales Consumption: Restricted to private residences Nova Scotia Age of Consumption: 19 Sale and Distribution: Alongside alcohol in provincial liquor stores and sold online. Personal Cultivation: Up to 4 personal plants Possession: 30 grams a person – Establishing provincial penalties for youth possession up to 5 grams Newfoundland & Labrador Age of Consumption: 19 Sale and Distribution: Crown-owned liquor corporation will oversee sale and distribution to private retailers Consumption: Restricted to private residences Yukon Age of Consumption: 19 Personal Cultivation: 4 plants per household Sale and Distribution: controlled by the government and done by government outlets Possession: Limited to 30 grams Northwest Territories – Has been holding consultations with communities in person and online. Nunavut – Holding consultations with the public to develop policy and legislative options. Related Posts Posted onMarch 8, 2018June 16, 2020/ Devry Smith Frank LLP Introduction of Cannabis Lounges: Good for Users? Cannabis Consumption in Ontario Under the current proposed regulations, the Ontario Government intends to control and operate the sale of marijuana. The Liquor Control Board of Ontario will operate approximately 150 stores and sell the product to people aged 19 and older. But what will the rules be for consumption of cannibas? At present, we [...] Read more Posted onFebruary 6, 2018June 16, 2020/ Devry Smith Frank LLP Concerns with Canada’s Plan for Marijuana Regulation Canada’s approach to cannabis regulation has some people worrying. The federal government’s resources for guidance in developing the existing regulations including those regarding control by the federal and provincial governments, may not have been the best. The federal government looked to tobacco and alcohol for guidance in drafting the cannabis regulations. The problem is that [...] Read more Posted onDecember 13, 2017June 17, 2020/ Devry Smith Frank LLP Facts about Bill C-45, Canada’s Proposed New Cannabis Act – Still More Questions than Answers? Bill C-45 (An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts), also known as Canada’s proposed Cannabis Act, recently passed third reading in Canada’s House of Commons and has been forwarded to Canada’s Senate for approval. Although Bill C-45 in its current form answers many [...] Read more Posted onSeptember 21, 2017June 18, 2020/ Devry Smith Frank LLP Ontario’s First Post-Secondary Marijuana Production Certificate Niagara College will become the first college to offer a post-secondary certificate in marijuana production, which will launch in the fall of 2018. The program has been approved by the Ontario Ministry of Advanced Education and Skills Development and will be available to those with a diploma or degree in agribusiness, agriculture science, environmental science/resource studies, [...] Read more Posted onSeptember 15, 2017June 18, 2020/ Devry Smith Frank LLP 15 Arrested in Another Canna Clinic Raid Toronto police have raided another Canna Clinic just days after the government unveiled a sales plan for legal marijuana, making private dispensaries such as the Canna Clinic in Kensington Market that was raided, illegal. 15 suspects were arrested, and hail from Toronto, Mississauga, Richmond Hill, and Guelph, and range in age from 20 to 46. [...] Read more
