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 know that there will be a ban on consumption in public spaces or workplaces. The rules proposed by the Ontario government restrict recreational consumption to private residences, while medical users will be subject to the same use rules as those governing tobacco and electronic cigarettes. Cannabis Lounges Now, Ontario is considering the possibility of allowing cannabis lounges and has requested the public’s opinion on the matter. It is unclear whether these lounges would be owned privately or whether they would also be owned and run by the Province. Many activists and politicians are in favour of these lounges, believing the current approach to consumption to be too restrictive. These lounges already exist in Toronto and other cities across Ontario. One such café in Toronto’s Kensington neighbourhood provides a communal space for customers to consume marijuana with equipment provided by the café. Though the lounge permits the recreational consumption marijuana, they do not sell the drug. Marijuana and Leases Landlords have also spoken up and they are seeking to be allowed to modify existing lease agreements once marijuana is legalized. For more information on this matter please refer to our previous blog by clicking here. With recreational consumption forbiden in rental units, recreational users may have no location to consume marijuana legally. To address this concern, a proposal for the creation of outdoor common smoking space on a building’s grounds has been presented, benefitting those with restrictions in their lease agreements. The advantages of doing this include: Limiting disruption to other tenants (no permeating smell if consumed indoors) Providing a social setting for tenants with restrictions in their lease Helping change the general perception of legal marijuana use Devry Smith Frank LLP‘s Cannabis Law Group is well versed in Cannabis law and is capable of providing advice on a host of matters relating to cannabis law. For more information, please contact a lawyer from our Cannabis Group or contact our office directly at (416) 449-1400. “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Cannabis LawMarch 8, 2018June 16, 2020
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 the regulations applicable to each of tobacco, alcohol, and cannabis have their respective distinct focus and goal. Tobacco’s primary focus is “reducing use with eventual elimination” while alcohol promotes the “socially responsible use” mirrored by the existing cannabis regulations. Tobacco regulations address the marketing, displaying and packaging of tobacco, including: All forms of marketing are banned Packages have graphic health warnings Eventual possibility of plain packaging Alcohol regulations: Market to the public Have fewer restrictions Is viewed in a more positive light than tobacco There is a strong correlation between the nature and extent of regulation and enforcement, and the effectiveness of limiting the exposure and use of the controlled substance to and by Canada’s youth. Tobacco use has declined significantly from 33% of the population in 1980 to 15% in 2013, and the industry believes it will drop to 5% by 2035. Alcohol, on the other hand, has had a different impact on Canadians. Alcohol companies have been given such relaxed regulations that Canada has one of the highest rates of binge drinking in the developed world. In addition, the existing legislation is outdated to the point that it only places controls over what can be promoted on TV and on the radio. There are no provisions for the advertisement of alcohol via newer technologies and advancements such as the Internet, where most of the promotion and information on alcohol is available. Some suggest that the loopholes available as a result of the outdated regulations have significantly influenced underage drinking, and the same may be true for cannabis use. The proposed cannabis regulations in the Cannabis Act pull components from both tobacco and alcohol regulations, with a bias towards those applicable to alcohol. For instance, the Cannabis Act prohibits “promotion, packaging, and labeling of cannabis that could be appealing to young persons.” This wording alone may not be sufficient to stop enticing cannabis use by today’s youth. Without enforcement of restrictive regulations, how will its use be controlled? Enforcement remains an issue under debate. Provinces have the ability to provide their input to the federal government, but as not all have done so, it might be left to the federal government to decide. For more information on the Cannabis Act and how our Cannabis Law Group can help you, please contact one of our Cannabis Law lawyers today or call our office directly at (416) 449-1400. “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Cannabis LawFebruary 6, 2018June 16, 2020
Personal Growth and Use Limitations 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. By Fauzan SiddiquiBlog, Cannabis LawJanuary 9, 2018July 5, 2023
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 of the questions regarding the future regulation of Canada’s existing medical and new recreational cannabis industries, the proposed rules remains uncertain given that many Senators have indicated that they intend to carefully review the draft legislation and perhaps propose changes rather than adding a rubber stamp to the version of the bill tabled by the House. Some Senators have even hinted that they are not necessarily committed to the July 1, 2018, legalization date proposed by the House of Commons. Adding to all of this uncertainty is the fact that many of the important legislative issues surrounding the regulation of cannabis do not even fall under the proposed Act itself but rather, will be addressed by regulations to the Act. So far, only a limited amount of information regarding these proposed regulations is available. In late November, the Canadian Government released a Consultation Paper detailing the Government’s position on many of these issues such as: The proposed new licensing regime for cannabis producers and sellers Requirements for packaging and labeling of cannabis products, and; Regulation relating to the different classes of products that will be permitted to be sold (dried, seeds, oils, edibles etc.). Although the Consultation Paper provides some guidance, the final rules on these issues will not be settled until after the consultation period has been completed in early 2018. Moreover, except for the report authored by the Task Force on Cannabis Legalization and Regulation which was tabled over a year ago, the government’s position on several key issues have yet to be addressed at all. One of the most significant unknowns is the Government’s final position on regulations restricting the marketing and advertising of cannabis products, an issue which will be vitally important to the numerous producers who have been jockeying for position in their efforts to service the new recreational market in the summer of 2018. All of this uncertainty at the Federal level is making it very difficult for the provinces, who are charged with the implementation of these new Federal rules, to pass their own provincial legislation which is necessary to supplement the Federal framework. For more information or to speak to a Cannabis Law lawyer, please visit our Cannabis Law practice page and contact one of our lawyers listed. For any other inquiries, please contact our office directly at (416) 449-1400. “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Cannabis LawDecember 13, 2017June 17, 2020
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, horticulture or natural sciences, or an acceptable combination of education and experience. Niagara College decided to introduce this program to address a need in the growing labour market that will come, due to the legislative changes in Canada and abroad. Production of cannabis is highly regulated, and the program will conform to all regulations and requirements. For more information on the legalization of marijuana, please visit our blog page and check out our most recent posts on the matter, including: Ontario to Have Employees Trained for Pot Stores Next Year LCBO to run Marijuana Stores Tough Rules wanted for the Legalization of Marijuana Ontario Legislature Returns From Summer Break – Labour & Marijuana to be Main Focus Devry Smith Frank LLP is a full service law firm that has a very experienced group of lawyers. If you are in need of representation, please contact one of our lawyers today or call us directly at 416-449-1400. “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Cannabis LawSeptember 21, 2017June 18, 2020
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. All 15 are facing charges related to: Drug Possession Drug Trafficking Possession of Proceeds obtained by Crime The police seized: 7 kilos of marijuana 5 kilos of marijuana oil 9 kilos of shatter $14,410 in Canadian currency They are due in court at Old City Hall on October 23rd. If you require representation for criminal offences, please contact our Criminal Lawyer David Schell, or call Devry Smith Frank LLP at 416-449-1400 today. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Cannabis LawSeptember 15, 2017June 18, 2020
Ontario to Have Employees Trained for Pot Stores Next Year Kathleen Wynne announced that 150 stores will sell marijuana once it is legalized and the LCBO will oversee the operation of all stores. The LCBO has the expertise for the regulation and distribution of alcohol, so in order for the government to save some costs and know that the initiative is properly dealt with, the LCBO is the best choice. They will oversee the introduction of legalized marijuana. This will allow for a smooth transition. Many critics have said that the LCBO will not have properly trained and educated employees working within these locations, however, president of the Ontario Public Service Employee Union, Warren “Smokey” Thomas, addressed this concern earlier this week. He says, “we’ll be ready for it, don’t worry about that,” because his members will be well trained by experts available from the medical marijuana industry that will pass on knowledge of distribution, sales, and product quality control and expects experienced workers from soon-to-be-outlawed private operations to apply for such jobs, and highlighted the benefit of higher union wages as the main attraction. There are opposing views to the time frame and question of educated employees and the training they will receive with dispensary supporters stating that as dispensary technicians they “determine experience, tolerance, and recommend the appropriate product to ensure they have a good experience,” and believe ha the level of attention they provide, will not be given. They consider the level of attention that is presently given by the LCBO in their liquor stores, and the transition they want to have, cannot happen overnight. While Greg Engel, CEO of a licensed producer of medical cannabis said the government is realistic with their goal, and that staff that will be able to advise clients of the effects, duration, and recommends something that is right for the experience they are looking for is critical. Of the first wave of the 150 stores, the first 40 to be opened will require 200 new members and could grow to 1,000 or more once all of the stores are up and running. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Cannabis LawSeptember 13, 2017July 5, 2023
LCBO to run Marijuana Stores When marijuana is legal next year, you won’t be able to get it from those so-called “dispensaries” that have been popping up around the GTA. Why? You may ask, Kathleen Wynne is looking to restrict the sale of recreational marijuana to LCBO-run stores only. Approximately 150 LCBO-run stores will be selling, and these stores will be standalone cannabis outlets. The main reason for Wynne’s approach is to “ensure that there will only be one legal retail distributor for recreational cannabis in Ontario, and alcohol and cannabis are not sold alongside each other.” The LCBO will oversee all retail sales and online services. Staff have been trained to keep underage drinkers from buying alcohol and has a tightly controlled distribution channel, so why wouldn’t that work for marijuana too? By regulating the distribution and sale of marijuana, the government is hoping to also tackle some issues that extend from the legalization, such as impaired driving and road safety. Seeing as it is likely people will opt to drive while under the influence, the province will introduce heftier fines and new testing machines that will determine if someone has decided to smoke up and drive. The second benefit of the government regulating and overseeing the sale of marijuana is that it assists the police and municipalities in the fight to close down illegal weed “dispensaries”, which they have been trying to do for some time – some of which are supplied by or operated by organized crime gangs. The LCBO will only be getting its product from the medical producers licenced by Health Canada in an effort to close scores with them. Announced today, the prices will be kept competitive with the black market, 40 stores and online sales will be active on July 1, 2018, and 80 by 2019, up to 150 in 2020. For more on the plan that was unveiled today, please see this link to the Toronto Sun article. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Cannabis LawSeptember 11, 2017June 18, 2020
Police now require Search Warrants to Obtain Hydro Records for Grow-Op Investigations By: Nicolas Di Nardo Police practices are about to change, now that the Ontario Court of Appeal has ruled that police investigating a suspected marijuana grow-op now require a search warrant to obtain hydro records from utility companies. The Ontario Court of Appeal made this ruling in a case that involved police investigating a grow-op in a Hamilton home. This landmark decision sends a message to law enforcement as well as hydro companies. It is common practice for police to review hydro-usage patterns in order to identify grow-ops, because they use enormous amounts of electricity compared to they average home. “Now, police must obtain a warrant or other judicial authorization in order to search and seize hydro consumption records” with respect to suspected grow operations. The defendants rented a home with a grow-op in the basement. The hydro company that co-operated with police is Horizon Utilities, which has a customized software to detect patterns of electricity use that are consistent with grow operations. However, the court ruling notes that the hydro company forwarded the information to the police. This is actually a common practice by Ontario utility companies, and have never required a warrant to do so – however, Paul Lewin, the lawyer for the defendants, said that Horizon went a step further by forwarding the police the information rather than waiting for the police to contact them for the records. This, comes after the surveillance and investigating, when they requested additional information about the electricity use at the home, including neighbouring residences, with Horizon voluntarily complying. Following surveillance, the police applied for a warrant to search the residence, which relied on, in part, the electricity usage that was supplied by Horizon. Police discovered the grow-op in the basement, seized $23,000 and charged the defendants. They were convicted in 2014, after the judge deemed their rights were not violated under the Charter of Rights and Freedoms. Judges of the Court of Appeal did find their rights against an unreasonable search and seizure violated when Horizon shared the information with the police, which launched the investigation. Justice David Doherty wrote in the decision released August 11, that “the examination and use of the data by the police was not authorized by law, and therefore could not be reasonable within the meaning of s. 8 of the Charter… the appellants’ right to be free from unreasonable search and seizure was breached.” As stated earlier, the evidence was not excluded because judges believe the police might have believed in good faith that they were entitled to the energy data without a warrant. Now, once pot becomes legal next year, if police suspect people are exceeding the allowance put in place (four plants for Canadians, 12 plants for medical growers) they will have to request a warrant in order to obtain any records, keeping what goes on in the home, private. At Devry Smith Frank LLP we have experienced lawyers in all areas of law. If you are looking for a lawyer or have general questions, please feel free to contact one of our lawyers today, or call us directly at 416-449-1400. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Criminal LawAugust 17, 2017June 19, 2020
Canna Clinic Staff Charged in Multiple Police Raids Canna Clinic has been raided for the third time in only two weeks. Canna Clinic is a B.C.-based dispensary chain that has opened up in Toronto. The initial raid took place on June 22nd, targeting seven Toronto locations, six Toronto residences and six Vancouver locations. Police took the following actions: 80 employees arrested, charged, and released on scene Seized one vehicle Seized 178 kg of marijuana Seized 48 kg of THC edibles Seized 6.8 kg of shatter Seized 19 kg of cannabis resin Seized over $350,000 in cash See the official TPS News Release The second raid occurred at the Eglinton location, which re-opened two days later on Saturday June 24. Police raided it again on June 27th, seizing: 22 pounds of cannabis $13,000 cash Along with “associated equipment required for the operation of the dispensary” The following people were charged: Rocio Gomez Solar, 23, of Toronto Christine Sylvia Dragos, of Toronto Nicolette Daneiha Franklin, 22, of Toronto Daniel Sol, 22, of Toronto Keyanne Matthews, 26, of Toronto Esron Duncan, 47, of Brampton Hitarth Patel, 22, of Toronto They were all charged with possession for the purpose of trafficking a schedule II substance and possession of proceeds of crime. They are to appear in court on August 22, 2017. June 29th saw another raid, this time a the Yonge Street location. The Police seized: Drug paraphernalia Cash Electronics Other marijuana-related property The following people were charged: Houston-Nambu Bongeli, 21, of Oshawa Taylor Jonathan Henderson, 24, of Toronto Shauna Kaye Alicia Green, 27, of Brampton Adam Jonathan Miziolek, 27, of Toronto Justin John Bishop-Salij, 27, of Toronto Cypress Doreen Reid-Smith, 21, of Toronto Omar Abdul-Kader, 25, of Toronto Alderman James Bennett, 50, of Toronto They were all charged with possession for the purpose of trafficking a schedule II substance and possession of proceeds of crime. They are to appear in court on August 24, 2017. On Wednesday, July 5, 2017, a third search warrant was issued for the Eglinton location. This time around: 5 people were charged: Sean Vernon Guptill, 37, of Toronto Emmanuel Alejandro Herrera, 28, of Toronto Shannon Marie Jones, 29, of Toronto Zackery Scott Lucas, 22, of Toronto Ali Amini, 38, of Toronto They were all charged with possession for the purpose of trafficking a schedule II substance and possession of proceeds of crime. They are scheduled to appear in court on Tuesday, September 5, 2017. If you require representation for criminal disputes, please contact Devry Smith Frank LLP’s criminal lawyers. For all other legal services and inquiries, please visit our website or call us directly at 416-449-1400. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Cannabis LawJuly 31, 2017June 22, 2020
