Cannabis: Legislation passed For Legalization – But What Happens Next?

October 30th, 2018 by David Schell

On October 17, 2018, the historic formation of a new industry was birthed and the decriminalisation of cannabis and its recreational use was finally introduced. A day whereby some thought would most certainly never be the case, however the general perception of liberalism in Ontario may, in actual fact, not be as unrestricted as one may think.

So, what does it mean exactly? – Inevitably, despite months of deliberation, the concept of what constitutes full legalization is still lacking clarity and for that reason alone, it should be acknowledged that there are some considerations that one ought to possibly observe when possessing and partaking in recreational use of cannabis legally.

 

Nonetheless, three main issues still seem to be at the forefront of peoples minds:

 

  1. Selling Cannabis

Unless you are a licensed retailer, you are prohibited from selling Cannabis to other individuals.As tempting as it may be seem to sell a gram or two to a friend, it is strongly advised you obtain the proper licensing beforehand, or you run the risk of a possible custodial sentence and/or a hefty fine.

You can however, give the cannabis away, to an adult friend, without the expectation of remuneration, on the basis that it is less than 30 grams worth.

  1. Travelling with Cannabis

As a Canadian, you may be able to travel with the stipulated amount of up to 30 grams of cannabis on domestic flights only. Yet, if you intend to cross over into international territory, it is still a criminal offence to have it on your person. – Even if you are intending to end your journey in a legalised US state.

  1. Driving

It is illegal, under the Criminal Code of Canada , to operate a vehicle while impaired by alcohol or drugs or where you have exceeded a certain level of alcohol or drug concentration in your blood.

The legislation, Bill C-45, amended the Criminal Code such that police can now conduct roadside saliva tests on drivers they suspect to be under the influence of drugs and how you are reprimanded depends on the amount of THC detected. – Which can leave a trace for several hours after smoking cannabis.

It is recommended that you avoid driving and consuming cannabis altogether to avoid these penalties.

 

That said, indeed you can still be charged if you are found to be in violation of the Cannabis Act  However, judging by the vagueness of this legislature, it would be fair to anticipate what might be deemed a few teething problems.

Devry Smith Frank LLP will be monitoring the provinces efforts to adhere to and enforce the Cannabis Act in Ontario. If you have questions about cannabis laws or need advice understanding how the recent legislation will impact you both professionally and personally, please contact our office online or directly on (416) 449-1400

 

“This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.”

 


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