Cannabis in Canada

Is cannabis legal in Canada?

Yes. Cannabis has become legal in Canada on October 17, 2018, following the adoption of the Cannabis Act. With the passage of this law, Canada became the second country after Uruguay to legalize cannabis at the national level. With the exception of Alberta, where the legal age is 18, and Quebec, where the legal age is 21, Canadians in all other provinces must be at least 19 to use cannabis.

History of legalization

Canada's path to cannabis legalization has been fairly straightforward. Canada first legalized cannabis for medical purposes in 2001 with the adoption of the «Marihuana for Medical Purposes Regulations», which were later updated to become the «Access to Cannabis for Medical Purposes Regulations» in 2016.

Making recreational cannabis legal was a key element of Justin Trudeau's campaign platform. When the Liberal Party leader became Prime Minister in 2015, a Task Force on the Legalization and Regulation of Cannabis was set up to study the issue. Two years into Trudeau's mandate, Canada's House of Commons passed the Cannabis Act in November 2017. In June of the following year, it was passed by the Canadian Senate.

From there, it went to the Governor General, Queen Elizabeth II's representative, where it received Royal Assent. In addition to legalizing recreational use and possession, the law removed cannabis from Canada's list of controlled drugs and substances. It also increased penalties for impaired driving and supplying cannabis to minors.

Regulatory authority

According to Canadian cannabis regulations, «penalties range from warnings and tickets for minor offences to criminal prosecution and imprisonment for more serious offences.» Criminal offences include possessing more than the legal limit, illegally distributing or selling cannabis, growing more than personal cultivation limits, producing unregulated cannabis products using combustible solvents, smuggling cannabis across Canada's borders, supplying cannabis to minors and committing a cannabis-related offence with the assistance of a minor.

The Cannabis Act aims to protect minors from access to cannabis, notably by imposing age restrictions on the purchase and possession of cannabis, and by providing strict penalties for the supply of cannabis to minors. Supplying cannabis to a minor is punishable by a $5,000 fine and up to 14 years' imprisonment.

Drunk driving is illegal, and provinces can impose additional penalties and regulations on top of federal mandates. People who drive while intoxicated face multi-level penalties, known as summary and hybrid offences. These penalties are based on the number of convictions and the level of intoxication.

The legal limit for THC in blood is two (2) nanograms per millilitre. One nanogram corresponds to one billionth of a gram. Concentrations between two (2) and five (5) nanograms carry a fine of up to $1,000. A concentration of five (5) nanograms or more carries a minimum fine of 1,000 $ for a first offence, 30 days' imprisonment or more for a second offence, and 120 days' imprisonment or more for a third offence. Penalties for driving under the influence of drugs can range from 18 months to life imprisonment in the event of a fatal accident.

It is illegal to work while intoxicated. However, employers are allowed to set their own policies on drug use, and certain exceptions are made for people using cannabis for medical purposes.

Each province is authorized to set its own regulations for distribution and sale, authorized use zones, legal age and cultivation limits and requirements.

Where can you buy cannabis safely in Canada?

During the rise of medical cannabis production in Canada, a series of licensed producers were authorized to offer cannabis products to registered patients by mail. This practice is still widespread, both for medical patients and for recreational marijuana users. For many years, a number of dispensaries were in a legal gray area, but since legalization, marijuana dispensaries and stores fall into three categories: government-run retail marijuana stores, privately-run dispensaries or a mix of both.

To verify that the cannabis store is operating legally, it must display a Canadian government seal in its store and on all products to show that the store is in compliance with the government and that all products have been approved as safe for public consumption.

Where is it safe to consume cannabis?

Nationally, people who wish to smoke cannabis will face at least the same restrictions as those who smoke tobacco, and could be punished for public intoxication. Provinces and territories may also restrict smoking near places where children are present, such as schools and playgrounds, as well as sports facilities. In some parts of the country, this may mean that the home is the only place where smoking is legally permitted.

A number of provinces will allow landlords to prohibit recreational marijuana use in rental agreements, similar to tobacco smoking bans. They will also be able to prohibit cultivation in rental units. However, medical marijuana patients may still have the right to grow and consume cannabis at home, in accordance with provincial human rights legislation.

Possession of cannabis

Adult use

Nationally, Canadian weed laws allow buyers to carry up to 30 grams of dried cannabis in public, which is also the limit allowed per purchase and the amount they can carry in their vehicle. Currently, there is no limit on the amount that can be stored at home. Provinces can modify possession, transport and storage quantities.

The minimum age for buying and possessing cannabis is 18. Provinces can raise the minimum age, but not lower it.

The government has established equivalents so that one (1) gram of dried cannabis corresponds to five (5) grams of fresh cannabis, 15 grams of edibles, 70 grams of liquid, 0.25 grams of concentrate and one (1) plant seed.

Penalties for possession over the set limit range from a fine to five (5) years' imprisonment.

Medical use

Laws on the medical use of cannabis have been in force in Canada since 2001. Patients using cannabis for medical purposes are allowed to have up to 150 grams, or 30 times the daily dose prescribed by a licensed health care professional, of dried marijuana or its equivalent.

Is home growing permitted in Canada?

Cannabis law allows homeowners to grow up to four (4) plants up to one (1) meter high for personal use. However, Quebec and Manitoba do not allow the cultivation of plants. Alberta restricts indoor cultivation, and New Brunswick allows indoor cultivation only, and requires that cultivation take place in a separate, locked space. In addition, it is illegal to possess a flowering plant in public.

Medical cannabis in Canada

Thousands of Canadians are authorized by the federal government to possess and use medical cannabis.

Beneficiaries must provide medical documentation confirming a diagnosis made by a healthcare professional, defined as a licensed physician or nurse practitioner.

Patients must be Canadian residents aged 18 or over, not have been convicted of a marijuana-related offence, and be registered only once at a time.

Eligibility requirements

In general, patients can benefit from medical cannabis in two categories. The first is to enable compassionate end-of-life care and help relieve pain associated with illnesses such as seizures, spinal cord injury, cancer or HIV/AIDS. The second category concerns patients suffering from other persistent debilitating symptoms. Among the conditions Health Canada lists as potentially eligible are the following:

• ADD/ADHD
• Alzheimer's disease
• Anxiety
• Arthritis
• Back and neck problems
• Brain damage
• Cancer
• Chronic nausea
• Chronic pain
• Colitis
• Crohn's disease
• Depression
• Eating disorders
• Epilepsy
• Fibromyalgia
• Gastrointestinal disorders
• Hepatitis C
• HIV/AIDS
• Irritable bowel syndrome
• Renal insufficiency, including dialysis treatments
• Migraines
• Multiple sclerosis
• Muscle spasms
• Muscular dystrophy
• Parkinson's disease
• Post-traumatic stress disorder (PTSD)
• Severe arthritis
• Sexual dysfunction
• Sleep disorders
• Car accident injuries

Application process

Information on eligibility and applications is available at on Health Canada's medical cannabis website (PDF).

Caregivers

Licensed caregivers may possess fresh or dried cannabis or cannabis oil. They may transfer or administer the substance directly to the patient or to the person responsible for the patient under their professional care.