What to expect from the new laws legalizing cannabis
On June 20, 2018, Prime Minister Justin Trudeau announced that cannabis will officially become legal nationwide on October 17. The Prime Minister allowed the provinces 17 weeks to prepare legislation that reflects the passing of the law.
The Ontario Government obliged, and built a policy outlining the new rules that “will keep the people of Ontario safe once cannabis is made legal,” according to their official website. The decisions in regard to cannabis policy and law-making were derived from engagement with both the public and stakeholders. As a result, the policy reflects a general interest in keeping cannabis out of the possession of the youth and keeping the streets of Ontario safe.
The minimum age for consumption and possession of cannabis in most provinces across the country is 19 years old, with the exception of Quebec and Alberta who will have a minimum age of 18. However, Quebec could see a potential increase to 21 years of age given the outcomes of the recent election.
In Ontario, a person will be allowed possession of up to 30 grams—roughly one ounce—of dried cannabis in public at any time. Individuals are also allowed to grow a maximum of four cannabis plants per residence.
According to the Government of Ontario website, cannabis will be legally available through one outlet, the online Ontario Cannabis Store. Individuals will be able to purchase up to 30 grams at a time. At the time of delivery, consumers will be asked to present a valid form of ID to verify their age. The long-term goal of the government is to pass previously introduced legislation that will provide a regulated private retail model for cannabis retail. The predicted launch of this legislation is for April 1, 2019. The law would establish the Alcohol and Gaming Commission of Ontario (AGCO) as the provincial regulator authorized to grant private cannabis selling licenses to stores.
According to the policy laid out on the Government of Ontario webpage, recreational cannabis can be consumed in a number of locations. Cannabis can be used within a person’s private residence as well as designated public locations such as sidewalks and parks. Labelled guest rooms in hotels, motels, and inns will also allow the consumption of cannabis. For owners of residential vehicles and boats with permanent sleeping accommodations and cooking facilities, cannabis is legal to consume so long as the vehicle is parked or anchored without risk of movement. Consumption for scientific research in testing facilities also falls under the legal uses of cannabis. Lastly, the policy outlines certain controlled areas such as long-term care homes, residential hospices, provincially funded supportive housing, and designated psychiatric facilities as legal locations for cannabis consumption.
The provincial policy also identifies locations where consumption of the drug is prohibited. Individuals residing in indoor common areas such as condominiums, apartment buildings, and university or college residences are banned from consuming cannabis. The consumption of cannabis in enclosed places, whether public or work, is prohibited as well. No smoking is permitted within 20 meters of publicly owned spaces. Any clearly marked non-designated smoking areas prohibit the consumption of cannabis through smoking or vaping. There is no smoking within nine meters of outdoor areas such as restaurant patios or other public spaces. Outdoor grounds of specific Ontario government buildings and Toronto City Hall have clear anti-smoking laws. Workplaces have also prohibited the use of cannabis during office hours. Smoking in reserved seating areas at outdoor sporting events and entertainment locations is illegal. Smoking within 20 meters of the grounds of community recreational facilities is not permitted. Lastly, cannabis consumption in outdoor sheltered areas, such as bus shelters, will be prohibited.
The policy outlined by the government is extremely clear about forbidding the use of cannabis while driving. Penalties to prevent driving under the influence include an immediate licence suspension, financial repercussions, possible vehicle impoundment, potential criminal record, and the risk of jail time. Police will be authorized to use oral fluid screening devices at roadside to determine a person’s sobriety. An article from the CBC interviewing Minister Bill Blair early in October 2018 sheds light on the training Toronto Police officers have undergone to identify those driving under the influence of cannabis. Blair says Police have received 18 months of cannabis training as preparation for its legalization. According to Blair, the federal government has allocated 161 million dollars for the training of law enforcement.
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