Retail Cannabis

On October 17, 2018, the The Cannabis Act (Bill C45) came into force. It puts in place a new, strict framework for controlling the production, distribution, sale and possession of cannabis in Canada.

The Cannabis Act will:

• prevent youth from accessing cannabis
• displace the illegal cannabis market 

Protecting the health and safety of youth is a top priority. Be aware that the Cannabis Act establishes serious criminal penalties for those who sell or provide cannabis to youth. It also establishes a new offence and strict penalties for those who use youth to commit a cannabis offence.

In addition, the Act also prohibits:

• products that are appealing to youth
• packaging or labelling cannabis in a way that makes it appealing to youth
• selling cannabis through self-service displays or vending machines
• promoting cannabis that could entice young people to use cannabis, except in narrow circumstances where it will not be seen by a young person

View the Government of Canada's website for further information.

What is legal

• Adults 19 years and over can purchase up to 30 grams(g) (about one ounce) of cannabis online through the Ontario Cannabis Store
• Adults can have 30 g of dried cannabis in their possession
• Cannabis can be used by adults in a private home or on private property and in places where it is legal to smoke tobacco
• Condominiums/apartments can have their own rules around cannabis use/growth
• Adults can grow up to four plants per household in their residence or in their outdoor space

What is not legal

• Like tobacco, the use of cannabis is not permitted in publicly owned spaces and sports facilities
• Cannabis use is not permitted in vehicles and boast that are being driven or under a person's care or control
• Children under the age of 19 cannot buy, use, possess or grow cannabis
• An unlicensed individual or corporation cannot sell or distribute cannabis
• Travelling outside of Canada with cannabis is not permitted
• You cannot drive while impaired from cannabis
• Advertising cannabis in public is not permitted

Q. When did cannabis become legal?

A. The federal legislation that legalizes recreational cannabis came into effect on October 17, 2018.

Q. What is the legal age to have cannabis in Ontario?
A. In Ontario, the legal age limit to buy, use, possess and grow recreational cannabis is 19 years or older.

Q. Where can cannabis be used?
A. Recreational cannabis can only be used:

• In a private residence, including the outdoor space of a home (for example, a porch or back yard)
• Within a residential unit or balcony; however, that depends on building rules and/or lease agreements

Recreational cannabis cannot be used in:

• Motor vehicles and boats being driven under a person's care or control
• Workplaces
• In parks or near playgrounds with distances set out in the Smoke Free Ontario Act.
• University/college residences
• Non- designated rooms in hotels, motels or inns
• Any place where smoking tobacco is prohibited, including Celebration Square and in Municipal parks

Q. Where can I buy cannabis?
A. As of October 17, 2018, you can order cannabis products online through the Ontario Cannabis Store which will be operated by the Government of Ontario. In April 2019, you will also be able to make purchases at provincially-regulated retail locations.

Q. Where will the retail locations be located?
A. This is not yet known. The province will approve and licence retail store locations and the number of stores. The Government of Ontario is providing municipalities with the ability to opt-out of having retail locations within their jurisdiction. The Municipality of Brockton has until January 22, 2019 to make the decision to opt-out or permit retail stores. 

Q. What if my neighbour is smoking or growing Cannabis and the smell is bothering me, who do I contact about this?
A. Nuisance odor caused by a neighbour smoking cannabis is not in contravention of any Municipal by-law. Neighbours should be respectful and considerate of one another when consuming cannabis on private property.

Q. Will there be consultations where the public will have the opportunity to weigh-in on the Municipality of Brockton opting-out or having retail locations?
A. Yes, the Municipality of Brockton is looking to receive public input on the decision on whether or not to opt out through Brockton's Cannabis Retail Store Survey.

Q. Will retail stores be located near schools?
A. The province has proposed a licence and regulated private retail model that includes the establishment of distance buffers between schools and retail cannabis locations. This will ensure that cannabis will not be offered for sale at retail locations close to schools.

• Municipality of Brockton Report Number CAO2018-27 - Retail Sale of Recreational Cannabis (Presented at December 3, 2018 Council Meeting)
• Municipality of Brockton Press Release: Municipality Launches Survey Seeking Public Opinions on Retail Cannabis Outlets (Released December 5, 2018)

Cannabis Documentation:

• Ontario Establishes Strict Regulations for the Licensing and Operation of Private Cannabis Stores (November 14, 2018)
• Bill 36, Ontario Cannabis Statute Law Amendment Act - Ready for Legislative Approval (October 15, 2018)
• AMO Recommendations: Bill 36 Ontario Cannabis Statute Law Amendment Act, 2018 (October 11, 2018)
• AMO Submission on Bill 36 - Cannabis Statute Law Amendment Act, 2018 (October 11, 2018)
• AMO Briefing: Municipal Governments in the Ontario Recreational Cannabis Framework (October 3, 2018)
• Bill 36 - Changes to other Acts related to the Use and Sale of Cannabis (September 28, 2018)
• Province to Introduce Private Cannabis Retail Legislation – With Municipal Opt Out (September 26, 2018)