Cannabis in Quebec: The 21-Year-Old Age Requirement in the Spotlight

Quebec's decision to set the legal age for cannabis use at 21 is once again under close scrutiny, addiction experts, public health officials, and stakeholders in the field are questioning whether this restriction can achieve the intended public health goals.

More than 15,000 people under the age of 21 were denied access to Société québécoise du cannabis (SQDC) stores last year, according to figures cited by the provincial cannabis retailer.

Quebec remains an exception when it comes to the legal age for cannabis

When the Canada legalized cannabis in 2018, federal law set the minimum age at 18. Quebec subsequently opted for a stricter threshold, namely, 21 years old, making it the only Canadian province to impose this higher age limit.

The Quebec Cannabis Industry Association (AQIC) argues that this policy has had an unintended consequence: consumers between the ages of 18 and 20 who cannot legally purchase from the SQDC may turn to unregulated sellers.

Pierre Leclerc, the association’s executive director, called the decision «entirely dogmatic» and argued that it ran counter to the goal of steering consumers away from the illicit market.

Jean-Sébastien Fallu, an addiction specialist and professor at the University of Montreal, expressed similar concerns. He considers setting the age at 21 rather than 18 to be a «serious mistake,» arguing that this restriction does not eliminate substance use but may steer young adults toward products whose composition and potency are less certain.

Access Outside the Legal Market

A recent investigation by La Presse highlights the difficulty of enforcing age restrictions across the entire cannabis market in Quebec.

A 20-year-old participant was able to purchase cannabis products at several stores in Kanesatake without being asked to prove her age. According to this investigation, the community has dozens of cannabis retailers operating without a federal license or a license issued by the band council, the local governing body of an Indigenous community in Canada.

This situation also highlights the unique legal situation Indigenous communities. According to law professor Karine Millaire, Indigenous communities can establish their own rules regarding cannabis—including those concerning the minimum age and permitted products—even when these rules differ from provincial law.

The products available in some of these stores may also differ significantly from those sold by the SQDC. The investigation uncovered products such as THC-infused candies and other items that are prohibited in Quebec. Some products did not list their THC concentration.

Experts are calling for a reevaluation

For critics of Quebec’s policy, the central question is not whether young adults will use cannabis, but where they will get it.

The legal director of the Quebec Public Health Association, Marianne Dessureault, argued that allowing 18- to 20-year-olds to access regulated products could reduce risks by providing them with information about what they are consuming and giving them access to advice from SQDC staff.

This debate comes as Quebec's legal market continues to account for between 60 and 80% of cannabis use. The organization believes that improving access to legal retailers and revising the minimum age requirement could help reduce the remaining share supplied by the illicit market.