The Cannabis Act: The Facts

October 17, 2018

On October 17, 2018, the Cannabis Act came into force, legalizing, strictly regulating and restricting access to cannabis in Canada. The Act implements a new comprehensive public health approach that will be more effective in protecting youth and keeping profits out of the pockets of criminals and organized crime.

The Cannabis Act creates a legal and regulatory framework for controlling the production, distribution, sale and possession of cannabis in Canada. This framework was informed by the recommendations of the Task Force on Cannabis Legalization and Regulation.

The Act:

• restricts youth access to cannabis;
• prohibits promotions that are designed to encourage youth to use cannabis;
• imposes serious criminal penalties on people who break the law, especially those who import or export cannabis illegally, or provide cannabis to youth;
• establishes strict product safety and quality requirements;
• reduces the burden on the criminal justice system;
• provides for the legal production of cannabis;
• allows adults to possess and access regulated, quality-controlled, legal cannabis; and
• enhances public awareness of the health risks associated with cannabis.

• purchase limited amounts of fresh cannabis, dried cannabis, cannabis oil, cannabis seeds, or cannabis plants from retailers authorized by the provinces and territories;
• possess up to 30 grams of dried legal cannabis or equivalent in non-dried form in public;
• consume cannabis in locations authorized by local jurisdictions;
• grow up to four cannabis plants per household (not per person) for personal use, from licensed seeds or seedlings from licensed suppliers;
• share up to 30 grams of dried cannabis or equivalent with other adults;
• make legal cannabis-containing products at home, such as food and drinks, provided that dangerous organic solvents are not used in making them.

Initially, adults are only able to legally purchase fresh or dried cannabis, cannabis oil, and seeds and plants for cultivation. Other products, such as edibles, will be permitted for legal sale within one year, at which time federal regulations for their production and sale will have been developed and brought into force.

The current framework for access to cannabis for medical purposes is continuing under the Cannabis Act, and will be reviewed by the Government of Canada within the next five years.

What remains illegal?

Possession, production, distribution and sale outside the legal system remains illegal and subject to criminal penalties proportionate to the seriousness of the offence, ranging from ticketing up to a maximum penalty of 14 years’ imprisonment.

Protecting youth

To further protect youth, the Cannabis Act prohibits anyone from selling or providing cannabis to any person under the age of 18 years. Provinces and territories have the ability to set a higher minimum age, such as 19 years of age.

The Cannabis Act creates two new criminal offences, with maximum penalties of 14 years in jail for:

• giving or selling cannabis to youth; and
• using a youth to commit a cannabis-related offence.

• products, promotions, packaging and labelling that are appealing to youth;
• the sale of cannabis through self-service displays or vending machines;
• promotion of cannabis, except in narrow circumstances where the promotion could not be seen by a young person; and
• false, misleading or deceptive advertising, sponsorships, testimonials and endorsements or other forms of promotion that could entice young people to use cannabis.