The Legal Status of Cannabis in Canada

The Legal Status of Cannabis in Canada

Cannabis has been outlawed in Canada since 1923, and it has been nearly eight decades from that time before its medicinal usage has been allowed, the Canadian government eventually legalizing it for medical purposes in 2001. Popular consent informed the basis of further legislation, and it was late in November of 2017 that the House of Commons passed into law the Cannabis Act (Bill C-45). This passed a second reading in March of 2018, and in June of that year the bill became law.

The law was accepted by the Senate on 19 June 2018 in a version which contained several amendments, almost all of which were passed. Accordingly, 17 October 2018 became a landmark day in Canada because cannabis had become legal in all provinces and territories, and there were large lines of people waiting outside the very first cannabis retail outlets.

A Short Synopsis of Canadian Cannabis Regulations

In Canada all adults are now allowed to possess, use, purchase and grow marijuana for recreational purposes; the age at which you are allowed to do this, and the regulations governing cultivation of the herb, differs from state to state, 19 being the minimum allowable age in all regions except Quebec and Alberta, where this is 18.

In all states a person is permitted to have in his or her possession 30 grams of marijuana; however, you are allowed to have a considerably larger quantity in your home in most states. For example, one is allowed to keep up to one kilo of cannabis at home in British Columbia, while in Manitoba there is no upper limit to the quantity of weed allowed indoors!

The law in different provinces provides differences as to where precisely a person is permitted to make use of cannabis. So Prince Edward Island allows smoking only within a private residence, while in B.C. it is illegal to use cannabis in cars, near children and in places where tobacco is similarly banned. A fine of up to $2,000 can be levied in Nova Scotia upon those who are found in breach of their own statutes, which are similar to those in British Columbia.

Where is it Legal to smoke?

The use of marijuana differs from one state to another. Smoking weed on the sidewalk is not allowed in New Brunswick, Manitoba, Newfoundland and Labrador, Saskatchewan and Prince Edward Island, and in Yukon the use of cannabis in any public place is completely prohibited.

The law in Ontario, British Columbia and Alberta permits the smoking of cannabis in any place where tobacco is allowed, the only exceptions being in automobiles and anywhere children may reasonably be around. In practice this means that marijuana should never be smoked in public parks, in or near a school or school play area or sports fields.

Several hotel groups in Canada (counting the Omni and Marriott chains) have already banned  smoking of conventional cigarettes, which in turn means that marijuana is also banned. Use of cannabis in Ontario is not allowed within 66 feet (20 meters) of recreational areas, day care centers or schools.

Permitted maximum Quantities of Cannabis and Similar Produce

The legal maximum limits for marijuana laid down in the Cannabis Act all refer to the product in leaf form when dried.

For the avoidance of doubt, one gram of dried marijuana leaf, as defined by statute, corresponds to the following:

• 1 cannabis plant seed.
• 70 grams of liquid cannabis.
• 0.25 grams of concentrated cannabis.
• 15 grams of edible cannabis.
• 5 grams of fresh marijuana leaf.

So from the above you are able to have in your possession as much as 150 grams of fresh marijuana leaf, 7.5 grams of concentrated cannabis, 0.21 kilo of liquid cannabis and up to 450 grams of edible cannabis.

One essential thing to bear in mind is that only cannabis bought from formally designated retail outlets is deemed to be legal, and it is a felony for one individual to sell it to another. It is illegal to provide weed to a child, although the disparate legal definitions of adult age in different states may be the cause of ambiguity.

For example, if somebody aged 19 from Quebec were to visit British Columbia and smoke cannabis with a local resident who was 18, this could theoretically lead to one or both persons being imprisoned for up to 14 years.

State laws even differ on the manner in which cannabis may be transported or delivered. Delivery of marijuana in an automobile is perfectly legal in Nunavut, provided that the product cannot be “easily accessed” by anybody within it. Cannabis may be contained in an open package in Prince Edward Island, however it needs to be out of the reach of the driver of the vehicle and of all other occupants. While in Manitoba, marijuana whilst in transit must at all times be confined to the trunk.

In conclusion, severe punishment awaits those caught with any more than five nanograms of Tetrahydrocannabinol (THC, the principal psychoactive constituent) in their bloodstream while driving their car. However, there are those who point out that science does not justify this particular maximum limit, and that those who use cannabis medicinally will likely exceed this level precisely because they are regular users.