Can I be Criminalized or given a Custodial Sentence for Possessing or Using ‘Legal’ Cannabis? The answer to the above question is really dependent on how someone obtains their cannabis and what one then does with their legal cannabis. Bill C-45 has now become law and in a previous post we spoke about the use of recreational cannabis and its legalization on October 17, 2018, by the federal government. In response, the Ontario Government did enact legislation which put stipulations in place to keep possession of the drug away from children and youth, keep our roads safe and regulate the sale of cannabis. However, a significant amount of time has now passed and there may still be some confusion over what constitutes criminal or illegal activity where cannabis is concerned. For those who choose to possess and/or enjoy what is now their ‘lawful right’, they should be aware that there are still potential criminal and/or quasi-criminal consequences. As we indicated in our earlier post, operating a motor vehicle while impaired by drug or with a certain level of drug within your system is a criminal offence under the Criminal Code. As we also indicated, under the Ontario Cannabis Control Act, it is an offence to sell cannabis unless you are a licensed retailer. However, for cannabis retailers as well as the general public in Ontario, there are a number of other cannabis offences with quasi-criminal consequences under the Cannabis Control Act. These include the following: Section 7(1) of the Cannabis Control Act prohibits any person from knowingly selling or distributing cannabis to a person under 19 years of age. Section 8 of the Act prohibits any person from knowingly selling or distributing cannabis to a person who appears intoxicated. Section 9 (1) prohibits anyone form buying cannabis from anyone or anywhere other than an authorized cannabis retailer. In other words, it is still illegal to buy cannabis if you do not buy it from a retailer authorized and regulated by the Ontario government. Sections 10 (1) and (2) make it illegal for any person under 19 years of age to possess, consume, attempt to purchase, purchase, distribute, cultivate, propagate, harvest or offer to cultivate, propagate or harvest cannabis. Section 12 of the Act prohibits anyone from driving or having care and control of a vehicle or boat while any cannabis is contained in the vehicle or boat. However this section does not apply if the cannabis is packaged and unopened or is otherwise not readily available to any person in the vehicle or boat. In addition, under s. 12, if the police are reasonably suspicious that cannabis is in your vehicle they can stop and search the vehicle, the driver and its passengers, without a warrant. There are various potential consequences if an individual (or corporation) is convicted of an offence under the Cannabis Control Act. Section 23 outlines that an individual convicted of an offence under the Act is liable to a fine of not more than $100,000 or to imprisonment for a term of not more than one year or both. The fines and potential imprisonment penalties go up if an individual (or corporation) is convicted of the unauthorized sale of cannabis (contrary to section 6) or the sale of cannabis to someone under 19 years of age (section 7). So you see, the regulation within Ontario’s Cannabis Control Act certainly restricts and heavily regulates that which has been recently “legalized”. The view that cannabis drug use is now completely legal is inaccurate when one considers the numerous prohibitions contained within this Ontario legislation. Devry Smith Frank LLP has been and will continue to monitor the provinces efforts to enforce the Cannabis Control Act in Ontario. If you have questions about cannabis laws or need advice understanding how the recent legislation will impact you both professionally and personally, please contact criminal defence lawyer, David Schell of Devry Smith Frank LLP directly at (416) 446-5096, or alternatively, at david.schell@devrylaw.ca “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, Criminal LawFebruary 22, 2019June 14, 2020
Cannabis: Legislation passed For Legalization – But What Happens Next? On October 17, 2018, the historic formation of a new industry was birthed and the decriminalization of cannabis and its recreational use was finally introduced. A day whereby some thought would most certainly never be the case, however, the general perception of liberalism in Ontario may, in actual fact, not be as unrestricted as one may think. So, what does it mean exactly? – Inevitably, despite months of deliberation, the concept of what constitutes full legalization is still lacking clarity and for that reason alone, it should be acknowledged that there are some considerations that one ought to possibly observe when possessing and partaking in recreational use of cannabis legally. Nonetheless, three main issues still seem to be at the forefront of peoples minds: Selling Cannabis Unless you are a licensed retailer, you are prohibited from selling Cannabis to other individuals. As tempting as it may seem to sell a gram or two to a friend, it is strongly advised you obtain the proper licensing beforehand, or you run the risk of a possible custodial sentence and/or a hefty fine. You can, however, give the cannabis away, to an adult friend, without the expectation of remuneration, on the basis that it is less than 30 grams worth. Travelling with Cannabis As a Canadian, you may be able to travel with the stipulated amount of up to 30 grams of cannabis on domestic flights only. Yet, if you intend to cross over into international territory, it is still a criminal offence to have it on your person. – Even if you are intending to end your journey in a legalized US state. Driving It is illegal, under the Criminal Code of Canada , to operate a vehicle while impaired by alcohol or drugs or where you have exceeded a certain level of alcohol or drug concentration in your blood. The legislation, Bill C-45, amended the Criminal Code such that police can now conduct roadside saliva tests on drivers they suspect to be under the influence of drugs and how you are reprimanded depends on the amount of THC detected. – Which can leave a trace for several hours after smoking cannabis? It is recommended that you avoid driving and consuming cannabis altogether to avoid these penalties. That said, indeed you can still be charged if you are found to be in violation of the Cannabis Act However, judging by the vagueness of this legislature, it would be fair to anticipate what might be deemed a few teething problems. Devry Smith Frank LLP will be monitoring the province’s efforts to adhere to and enforce the Cannabis Act in Ontario. If you have questions about cannabis laws or need advice understanding how the recent legislation will impact you both professionally and personally, please contact our office online or directly on (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 Law, Criminal LawOctober 20, 2018June 16, 2020
Cannabis and the Workplace Canada’s proposed Bill C-45, The Cannabis Act, is expected to come into force on July 1, 2018, as will Ontario’s Cannabis Act, 2017. At that point, in Ontario, it will be legal for individuals aged 19 years and older to purchase and consume cannabis for non-medical purposes, to grow up to 4 plants per household, and to carry up to 30 grams on their person. This may result in an increase in the number of recreational users and, because more people are likely to be using or carrying cannabis, it is possible the drug will be found in the workplace. Although the legislation would prohibit the consumption of recreational cannabis in public places and in workplaces, employers must consider that employees who smoke or ingest cannabis (even during their off-hours) may be impaired while on the job, thereby jeopardizing the safety of others in the workplace. All business owners have a responsibility to make employee safety a priority and to properly handle incidents of impairment. It is worth noting that medical cannabis will remain subject to different laws. Unless otherwise restricted under the Smoke-Free Ontario Act, 2017, medical cannabis can be smoked or vaped in places where recreational use would be prohibited. The consumption of other forms of medical cannabis are not similarly restricted. Employers should prepare for the legalization of recreational cannabis and should ensure that they can properly navigate the workplace issues to which it will likely give rise. To this end, employers can: Update Manuals and Policies: Amend workplace policies to include provisions regarding the possession and being under the influence of cannabis while at work, accommodation requirements, disciplinary actions, and the like. Implement Training and Education: Introduce mandatory training and education for employees on topics such as the effects of cannabis, how to recognize impairment, the importance of work safety, and the steps to take if someone is impaired on the job. Introduce Drug Testing (if permitted): Industries or occupations with specific safety requirements are permitted to ask employees to undergo proper drug testing. Implementing a testing policy enables the employer and the employees to clearly understand their respective rights and obligations. “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 Law, Employment LawJune 11, 2018July 5, 2023
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
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
