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Canada has a hot new market and the laws can be tough to navigate. As a Canadian, it is your responsibility to know what you can and cannot do in your home province or when you travel. Your safety is important to us. Always seek medical advice from your own doctor before starting any wellness treatment and report any violations of our posting standards. Stay Informed. Stay Healthy.

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JADEO The Law 5 days ago / Toronto, Ontario


The Criminal Code and Beyond: Some Not-So-Obvious Legal Considerations for Recreational Cannabis Users

Impact on Automotive Accident Benefits

By: Samantha L. Posluns, Associate Lawyer, Falconeri Munro Tucci LLP

On October 17, 2018, Canada’s federal Cannabis Act came into force, legalizing the recreational use of cannabis throughout the country. While many consider this a legal triumph, it is important to understand that legalization is not equivalent to an unlimited right.

While the use and possession of cannabis in general is not criminally sanctioned, each province has enacted rules and regulations that place strict parameters on the circumstances surrounding recreational use. This series of articles will examine how the province of Ontario has sought to regulate recreational cannabis use and will highlight the impact of new legislation on the legal rights of individuals, particularly in the realm of motor vehicle usage.

One of the most crucial aspects of a lawsuit arising from a motor vehicle accident is the ability of an injured party to access accident benefits through their insurance provider. It is important for recreational cannabis users to understand that these benefits may be limited to them as the result of new legislation under the federal Criminal Code and regulatory provincial legislation such as the Ontario Highway Traffic Act. The majority of these laws center on the detection and prosecution of individuals for impaired driving due to cannabis use.

In Ontario, automobile insurance is mandatory. As such, the provincial government has mandated standard policy terms that each insurance plan must include. This standard mandatory policy is known as the Ontario Automobile Policy (“OAP 1”). The OAP 1 strictly denies an insured person’s entitlement to income replacement benefits, non-earner benefits and other expenses if that person has been convicted of a criminal offense involving the operation of a motor vehicle. Additionally, if an injured individual brings a claim against a driver who was found to be impaired at the time of the accident, that driver’s insurer may limit policy coverage on the basis that the impaired driver was in breach of their policy conditions. Currently, there is no formal section in the OAP 1 that mentions cannabis use, however, it is clearly stated that insurers will not pay for any loss or damage sustained while an insured was under the influence of an “intoxicating substance”.

For someone that has been critically injured in a motor vehicle accident, accident benefits are imperative for funding care and rehabilitation. Access to benefits often determines future quality of life for the individual and their family. Given this, it is important for all recreational cannabis users to understand the significance of these new laws and regulations and to employ their best judgment before getting behind the wheel.

When legislation such as the OAP 1 is read in tandem with the new impaired driving provisions of the Criminal Code and the Ontario Highway Traffic Act, it is clear that authorities consider high driving to be a serious offense. In our next article, this legislation will be examined in depth, as well as how cannabis intoxication will be monitored by authorities on the roads.

Related comments

  • From Janelle Simone

    Not going to lie...this got my eyes WIDE OPEN! Never took time to even consider some of these aspects of my insurance policy as it relates the cannabis. Thanks for the clarity!

  • From InformedHigh

    Thanks for discussing this important topic! Excited to read more. One small piece of constructive feedback...recreational cannabis user carries some negative stigma, I much prefer using the accurate phrase, recreational cannabis consumer

JADEO The Law 3 weeks ago / Toronto, Ontario


Health Canada Releases Draft Regulations For Edibles And Extracts

December 20, 2018 - Ottawa, ON - Health Canada

The old approach to cannabis did not work. It let criminals and organized crime profit, while failing to keep cannabis out of the hands of Canadian youth. In many cases, it has been easier for our kids to buy cannabis than cigarettes.

On October 17, 2018, after extensive consultation with law enforcement, health and safety experts, and the hard work of the Task Force on Cannabis Legalization and Regulation, the Government of Canada implemented a new framework that legalizes, strictly regulates and restricts access to cannabis. The expert Task Force on Cannabis Legalization and Regulation recommended that the Government of Canada permit the legal sale of a diverse range of cannabis products to successfully displace the illegal market, and that the products must be subject to strict regulatory controls.

Today, Health Canada is launching a public consultation on draft regulations governing the production and sale of additional cannabis products, namely edible cannabis, cannabis extracts and cannabis topicals. These consultations build on the Government of Canada’s public health approach to cannabis, which aims to better protect the health and safety of Canadians. These cannabis products will be permitted for legal sale under the Cannabis Act no later than October 17, 2019.

Canadians and interested stakeholders are invited to share their views on the proposed regulations until February 20, 2019. Health Canada welcomes written submissions or input provided online.

Key takeaways from the draft regulations include:

Edible cannabis

Draft regulations propose the following:

  • Restricting the use of ingredients that could increase the appeal of edible cannabis to young persons, increase the risk of food-borne illness and accidental consumption, and encourage over-consumption.
  • Placing a hard cap of 10 mg of THC on the amount of THC that could be in a package of edible cannabis.
  • Requiring child-resistant and plain packaging for edible cannabis to lower the risk of accidental ingestion and making packages less appealing to young persons.
    • The label would need to display the standardized cannabis symbol and a health warning message.
    • It would be prohibited to make any claims respecting health benefits or nutrition on the label.
  • Putting in place strict new manufacturing controls for the production of edible cannabis products to reduce the risk of food-borne illness; and
  • Prohibiting the production of food and edible cannabis in the same facility to ensure the safety and integrity of Canada’s food system.

Cannabis extracts

Draft regulations propose the following:

  • Restricting the use of certain ingredients that could appeal to young persons, such as sweeteners and colourants, or ingredients that could encourage consumption, such as nicotine.
  • Prohibiting certain flavours that are appealing to youth from being displayed on a product label, consistent with rules for other vaping products.
  • Placing a hard cap on the amount of THC that could be in a unit of a cannabis extract—such as a capsule—of 10 mg of THC per unit. The total amount of THC in a package would be capped at 1,000 mg (e.g., 100 10-mg capsules).
  • Requiring child-resistant and plain packaging for cannabis extracts. All packaging, as well as certain pre-filled accessories, such as a vape pen, would be required to display the standardized cannabis symbol.
  • Prohibiting any claims respecting health benefits or nutrition on the label.
  • Putting in place strict new manufacturing controls for the production of cannabis extracts to control the quality of the products.

Cannabis topicals

Draft regulations propose the following:

  • Like edible cannabis and cannabis extracts, restrictions would be placed on the types of ingredients that could be added to cannabis topicals.
  • A hard cap of 1,000 mg of THC would be placed on each package of a cannabis topical.
  • The packaging would need to be child-resistant and display the standardized cannabis symbol and a health warning message.
  • Any claims respecting health benefits on the label would be prohibited.

The draft regulations for edible cannabis, cannabis extracts and cannabis topicals announced today will be published in the Canada Gazette, Part I, on December 22, 2018. In the interim, Canadians may request a copy of the draft regulations from Health Canada at cannabis@canada.ca.

In addition to the online consultation, Health Canada will convene regional roundtable discussions and webinars to explain and seek input on the proposed regulatory controls across the country. Health Canada will also continue to work closely with provincial and territorial governments, Indigenous partners, and community-based organizations to continue to increase public understanding of the facts about cannabis and its use.

Related comments

JADEO The Law 1 month ago / Toronto, Ontario


Ontario Takes a Phased Approach to Cannabis Retail Licensing Due to National Supply Shortages

December 13, 2018 7:30 P.M. | Ministry of Finance

Today, the Honourable Caroline Mulroney, Attorney General and the Honourable Vic Fedeli, Minister of Finance, released the following statement on changes being made to the licensing process for recreational retail cannabis stores in Ontario:

"It is the federal government's responsibility to oversee cannabis production and to provide a viable alternative to the illegal market by ensuring there is sufficient supply to meet consumer demand. Yet, we continue to see severe supply shortages across the country in legal, licensed recreational cannabis stores.

For example, Alberta stopped issuing any new retail cannabis licences after only receiving 20 per cent of the stock it ordered from federally licensed producers, and in Quebec retail operating hours have been reduced to four days a week. In addition, the shortage of supply has restricted online sales in many jurisdictions.

This is a national issue that demands an immediate response from Justin Trudeau and the federal government. The Government of Ontario has brought this to the federal government's attention repeatedly. At a recent meeting of federal, provincial and territorial Finance Ministers in Ottawa, Minister Fedeli, along with Finance Ministers from several other provinces and territories, raised the issue of a severe shortage of supply across the country with Federal Finance Minister Bill Morneau.

Taking into consideration the required investments for a prospective Ontario private legal retailer, we cannot in good conscience issue an unlimited number of licences to businesses in the face of such shortages and the federal government's failure to provide certainty around future supply.

That is why today we are announcing that Ontario will be taking steps to ensure that private cannabis retail stores open in phases. In the initial phase up to 25 licences will be issued so operators can open for business on April 1, 2019 and stay open.

To ensure a fair and transparent process, the Alcohol and Gaming Commission of Ontario (AGCO) will implement a lottery system to determine who is eligible for the initial licences to legally operate a store in Ontario. All interested parties will be able to submit an expression of interest form online to the AGCO from January 7 to January 9, 2019. The expressions of interest will be put into a lottery pool for a draw. The draw will be conducted on January 11, 2019, with the results to be posted on the AGCO's website within 24 hours.

The lottery process will be overseen by a third-party fairness monitor to ensure equality and transparency in the treatment of the expressions of interest, as well as an appropriate distribution of stores in each region of the province, which is set out in the regulation. Further details on the lottery system will be available on the AGCO website.

The OCS continues to work closely with federally licensed producers to monitor the availability of supply and to secure supply for Ontario, including through regular product calls and frequent visits to producer facilities. The lottery is going to be a temporary model for issuing private retail licences. When Ontario has determined that the federal government has provided for enough reliable supply, Ontario will communicate next steps for additional private retail stores.

Our government refuses to compromise the viability of Ontario businesses. Private retailers need certainty from the federal government that there will be a reliable supply of cannabis to support their business and combat the illegal market.

We will continue to urge the federal government to take immediate action to ensure licensed producers ramp up production in order to meet the anticipated market demand for recreational cannabis."

Related comments

  • From Janelle Simone

    This is a fair approach to start with when you consider the supply issues we are seeing across the country. What would be the point of issuing a large number of licenses if the stores won't be able to legally sustain? So I agree with this approach.

JADEO The Law 1 month ago / Toronto, Ontario

US Hemp Legalization has become a reality. https://thehill.com/homenews/house/420990-house-passes-867-billion-farm-bill-sending-it-to-trump

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House passes $867 billion farm bill, sending it to Trump

TheHill

The House on Wednesday passed an $867 billion farm bill to help those in the agricultural industry, sending the legislation to President Trump Donald John Trump House Republicans move to block Yemen war-powers votes for rest of Congress Trump says he's considering 10 to 12 contenders for chief of staff Michael Flynn asks judge to spare him from jail time MORE for a signature.

https://thehill.com/homenews/house/420990-house-passes-...

Related comments

  • From Michael Joseph

    This is such great news

  • From 22

    One more and last step... POTUS needs to sign it..

Janelle Simone The Law 1 month ago / Scarborough, Ontario

A very interesting piece discussing erasing possession charges. As a person of colour this topic definitely hits home for me. Hope we start making some progress in this area soon. https://www.thestar.com/opinion/contributors/2018/12/06/heres-why-cannabis-convictions-should-be-erased.html

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Here's why cannabis convictions should be erased | The Star

thestar.com

The Canadian Charter of Rights and Freedoms guarantees that all Canadians are equal under the law. We have the right to equal protection and equal benefits without discrimination based on race. So why in Halifax were black people five times more likely than white people to be arrested for cannabis possession?

https://www.thestar.com/opinion/contributors/2018/12/06...

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JADEO The Law 1 month ago / Toronto, Ontario

In Sudbury, ON, more than 80 percent of respondents give thumbs up to allowing cannabis store in the city.

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JADEO The Law 1 month ago / Toronto, Ontario

As the holiday season kicks into gear, make sure you know the rules about traveling with cannabis before you head to the airport. https://jadeo.co/SIG/The-Law/stop-can-you-travel-with-cannabis

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STOP. Can You Travel With Cannabis?

JADEO

Travelling Out of The Country With Cannabis Is Illegal Despite the fact that cannabis will become legal and regulated in Canada in the near future, it is illegal now and will remain illegal to transport cannabis across C

https://jadeo.co/SIG/The-Law/stop-can-you-travel-with-c...

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JADEO The Law 2 months ago / Toronto, Ontario


Ontario Government Announces Strict Regulations for the Licensing and Operation of Private Cannabis Stores

November 14, 2018 5:30 P.M. From The Ministry of the Attorney General

Tightly-regulated private cannabis retail store system will protect children and combat the illegal market

Today, Ontario's Government for the People implemented the latest phase of its planned response to the federal government's legalization of cannabis by passing strict new regulations to protect children and youth, keep communities and roads safe and combat the illegal market.

The result of widespread consultations with the people of Ontario, these regulations provide clarity for a private recreational cannabis store system that will begin April 1, 2019 under the close oversight of the Alcohol and Gaming Commission of Ontario (AGCO).

The regulations establish a minimum distance of 150 metres (approximately 500 feet) between cannabis retail stores and schools, including private and federally-funded First Nation schools off-reserve. This distance buffer will help protect students and keep communities safe, while other regulations will combat the influence and participation of organized crime in the legal licensed framework.

"The purpose of these regulations is to keep kids safe and to ensure all people operating in this tightly-regulated retail system behave with integrity, honesty, and in the public interest," said Attorney General Caroline Mulroney. "The application process for private cannabis retail store licences will begin on December 17, 2018, and we will be ready with laws and regulations to protect Ontario's youth and to combat the criminal market in response to the federal government's legalization of cannabis."

Other new strict regulations established by the Ontario Government include:

  • Retailers will not be permitted to allow anyone under the age of 19 to enter their stores. This approach and other regulations were developed to address the risk of youth exposure to the cannabis retail market.
  • Specific instances in which applicants will be denied a licence, including cannabis-related criminal offences. Notably, illegal cannabis retailers who were operating after October 17, 2018 are not eligible for Ontario cannabis sales licenses.
  • A prohibition on the issuance of a licence to any individual or organization who has an association with organized crime.
  • Requirement that individuals or entities applying for an operator licence demonstrate their tax compliance status to show that they are in good standing with the government.
  • A requirement for all private recreational cannabis retail storefronts to be stand-alone stores only.
  • Individuals with a store authorization, cannabis retail managers and all retail employees will be required to complete the approved training to ensure that any individual who works in the cannabis retail market is trained in the responsible sale of cannabis.

Quick Facts

  • The government has consulted with municipalities, Indigenous communities, law enforcement, public health advocates, businesses and consumer groups, as well as representatives from other provinces to create these new regulations.
  • The private retail store model will be tightly-regulated and strictly enforced by the AGCO, establishing a zero-tolerance approach for any retailer who provides cannabis to anyone under the age of 19.
  • It is anticipated that the AGCO will begin accepting applications on December 17, 2018 and private retailing of cannabis will begin on April 1, 2019.
  • The government has committed to providing $40 million over two years to help municipalities with the implementation costs of recreational cannabis legalization.
  • Private retail recreational cannabis stores will be permitted to open between 9:00 a.m. and 11:00 p.m. on any day. These operating hours are consistent with on-site retail stores for alcohol and will provide retailers with the flexibility to respond to local market conditions and consumer demands.
  • A market concentration limit of 75 stores per operator has been set to prevent a high degree of market consolidation, promote opportunities for small businesses and promote investment in the cannabis retail sector.

Related comments

JADEO The Law 2 months ago / Toronto, Ontario


What The Midterm Election Results Means For Cannabis

It’s been one week since the U.S. midterm elections. While the media has been busy highlighting the impact poll results will have on various states and the Democrats taking back the house, the one win that no one seems to be talking about is for cannabis legalization.

Mid-Term Cannabis Wins

While recreational legalization was on the ballot in North Dakota and Michigan, voters in Missouri and Utah were able to vote strictly on medical marijuana. A recreational ballot measure in North Dakota was the only marijuana initiative that voters rejected. The other successful votes opened up new markets in Michigan, Missouri and Utah that eventually could generate $2 billion in medical and recreational sales.

These numbers now mean that 33 states have made medical marijuana legal, with 10 left-wing states legalizing recreational cannabis. With numbers this high, it begs the question of why only western states like Colorado, Washington, Oregon, Nevada and California come to mind when we think of legal cannabis? The answer hits home. Much like our regulatory setbacks in Ontario, states like Massachusetts, Vermont and Maine may have legalized marijuana, but recreational sales haven’t properly begun on the East Coast due to delays in implementing retail regulations.

Investment Opportunities in Cannabis

While investment opportunities look most lucrative for the states which have fully legalized, medical states have massive opportunity that begs a second glance. Though Michigan may have stolen the headlines as the 10th state to open up legal cannabis sales, when we look at the impact of medical marijuana becoming legal in Missouri, we see that it calls for “no fewer than 60 cultivation, 80 processing and 192 dispensary licenses based on Missouri’s population.”

We are seeing the shift happen steadily, with laws changing state by state. In January, Vermont became the first state to legalize marijuana through its Legislature rather than a ballot initiative when the governor signed the bill into law. Times are a changing, but a slow and steady shift in cannabis politics happen state by state begs many questions.

What Happens When Side-by-Side States Have Varying Policies?

As you might guess, when neighbouring states have contrasting laws around cannabis, the opportunity for economic growth is being lost to states who have legalized the sale of the plant. For example, the opening of legal markets in states surrounding New York is expected to put pressure on NY State Governor Andrew Cuomo, particularly once residents of New York City can hop a quick train to New Jersey to buy weed, taking their sales tax revenue across the Hudson River.

The big question is what Trump plans to do with federal regulation. Democrats as the new majority party in the U.S. House of Representatives, improves the odds that lawmakers will pass federal marijuana reforms that benefits cannabis business.. While the shift in the house and more ballot initiatives make it more promising that a Federal deal will be possible, it is more likely that Trump will first move to legalize medical cannabis. Dana Rohrabacher, a conservative Republican from California who has said he uses medical marijuana to treat arthritis pain, told Fox Business recently that “President Donald Trump was committed to legalizing medical marijuana after the midterm election, while leaving the question of recreational pot to the states.”

The opportunity for economic growth is no oversight in how these bills will be determined. Being the world’s largest economy, the potential for a U.S. marijuana market is reported to reach “$75 billion by 2030, according to an estimate from Cowen & Co.” This shift in American politics is bringing about huge opportunity in the cannabis industry, with every new legal state being another step closer to the biggest win of all.


Related comments

  • From Janelle Simone

    This was definitely an interesting read. I don't pay in-depth attention to U.S. politics so I didn't realize the strides being made in Cannabis recently.

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JADEO The Law 5 days ago / Toronto, Ontario


The Criminal Code and Beyond: Some Not-So-Obvious Legal Considerations for Recreational Cannabis Users

Impact on Automotive Accident Benefits

By: Samantha L. Posluns, Associate Lawyer, Falconeri Munro Tucci LLP

On October 17, 2018, Canada’s federal Cannabis Act came into force, legalizing the recreational use of cannabis throughout the country. While many consider this a legal triumph, it is important to understand that legalization is not equivalent to an unlimited right.

While the use and possession of cannabis in general is not criminally sanctioned, each province has enacted rules and regulations that place strict parameters on the circumstances surrounding recreational use. This series of articles will examine how the province of Ontario has sought to regulate recreational cannabis use and will highlight the impact of new legislation on the legal rights of individuals, particularly in the realm of motor vehicle usage.

One of the most crucial aspects of a lawsuit arising from a motor vehicle accident is the ability of an injured party to access accident benefits through their insurance provider. It is important for recreational cannabis users to understand that these benefits may be limited to them as the result of new legislation under the federal Criminal Code and regulatory provincial legislation such as the Ontario Highway Traffic Act. The majority of these laws center on the detection and prosecution of individuals for impaired driving due to cannabis use.

In Ontario, automobile insurance is mandatory. As such, the provincial government has mandated standard policy terms that each insurance plan must include. This standard mandatory policy is known as the Ontario Automobile Policy (“OAP 1”). The OAP 1 strictly denies an insured person’s entitlement to income replacement benefits, non-earner benefits and other expenses if that person has been convicted of a criminal offense involving the operation of a motor vehicle. Additionally, if an injured individual brings a claim against a driver who was found to be impaired at the time of the accident, that driver’s insurer may limit policy coverage on the basis that the impaired driver was in breach of their policy conditions. Currently, there is no formal section in the OAP 1 that mentions cannabis use, however, it is clearly stated that insurers will not pay for any loss or damage sustained while an insured was under the influence of an “intoxicating substance”.

For someone that has been critically injured in a motor vehicle accident, accident benefits are imperative for funding care and rehabilitation. Access to benefits often determines future quality of life for the individual and their family. Given this, it is important for all recreational cannabis users to understand the significance of these new laws and regulations and to employ their best judgment before getting behind the wheel.

When legislation such as the OAP 1 is read in tandem with the new impaired driving provisions of the Criminal Code and the Ontario Highway Traffic Act, it is clear that authorities consider high driving to be a serious offense. In our next article, this legislation will be examined in depth, as well as how cannabis intoxication will be monitored by authorities on the roads.

Related comments

  • From Janelle Simone

    Not going to lie...this got my eyes WIDE OPEN! Never took time to even consider some of these aspects of my insurance policy as it relates the cannabis. Thanks for the clarity!

  • From InformedHigh

    Thanks for discussing this important topic! Excited to read more. One small piece of constructive feedback...recreational cannabis user carries some negative stigma, I much prefer using the accurate phrase, recreational cannabis consumer

JADEO The Law 3 weeks ago / Toronto, Ontario


Health Canada Releases Draft Regulations For Edibles And Extracts

December 20, 2018 - Ottawa, ON - Health Canada

The old approach to cannabis did not work. It let criminals and organized crime profit, while failing to keep cannabis out of the hands of Canadian youth. In many cases, it has been easier for our kids to buy cannabis than cigarettes.

On October 17, 2018, after extensive consultation with law enforcement, health and safety experts, and the hard work of the Task Force on Cannabis Legalization and Regulation, the Government of Canada implemented a new framework that legalizes, strictly regulates and restricts access to cannabis. The expert Task Force on Cannabis Legalization and Regulation recommended that the Government of Canada permit the legal sale of a diverse range of cannabis products to successfully displace the illegal market, and that the products must be subject to strict regulatory controls.

Today, Health Canada is launching a public consultation on draft regulations governing the production and sale of additional cannabis products, namely edible cannabis, cannabis extracts and cannabis topicals. These consultations build on the Government of Canada’s public health approach to cannabis, which aims to better protect the health and safety of Canadians. These cannabis products will be permitted for legal sale under the Cannabis Act no later than October 17, 2019.

Canadians and interested stakeholders are invited to share their views on the proposed regulations until February 20, 2019. Health Canada welcomes written submissions or input provided online.

Key takeaways from the draft regulations include:

Edible cannabis

Draft regulations propose the following:

  • Restricting the use of ingredients that could increase the appeal of edible cannabis to young persons, increase the risk of food-borne illness and accidental consumption, and encourage over-consumption.
  • Placing a hard cap of 10 mg of THC on the amount of THC that could be in a package of edible cannabis.
  • Requiring child-resistant and plain packaging for edible cannabis to lower the risk of accidental ingestion and making packages less appealing to young persons.
    • The label would need to display the standardized cannabis symbol and a health warning message.
    • It would be prohibited to make any claims respecting health benefits or nutrition on the label.
  • Putting in place strict new manufacturing controls for the production of edible cannabis products to reduce the risk of food-borne illness; and
  • Prohibiting the production of food and edible cannabis in the same facility to ensure the safety and integrity of Canada’s food system.

Cannabis extracts

Draft regulations propose the following:

  • Restricting the use of certain ingredients that could appeal to young persons, such as sweeteners and colourants, or ingredients that could encourage consumption, such as nicotine.
  • Prohibiting certain flavours that are appealing to youth from being displayed on a product label, consistent with rules for other vaping products.
  • Placing a hard cap on the amount of THC that could be in a unit of a cannabis extract—such as a capsule—of 10 mg of THC per unit. The total amount of THC in a package would be capped at 1,000 mg (e.g., 100 10-mg capsules).
  • Requiring child-resistant and plain packaging for cannabis extracts. All packaging, as well as certain pre-filled accessories, such as a vape pen, would be required to display the standardized cannabis symbol.
  • Prohibiting any claims respecting health benefits or nutrition on the label.
  • Putting in place strict new manufacturing controls for the production of cannabis extracts to control the quality of the products.

Cannabis topicals

Draft regulations propose the following:

  • Like edible cannabis and cannabis extracts, restrictions would be placed on the types of ingredients that could be added to cannabis topicals.
  • A hard cap of 1,000 mg of THC would be placed on each package of a cannabis topical.
  • The packaging would need to be child-resistant and display the standardized cannabis symbol and a health warning message.
  • Any claims respecting health benefits on the label would be prohibited.

The draft regulations for edible cannabis, cannabis extracts and cannabis topicals announced today will be published in the Canada Gazette, Part I, on December 22, 2018. In the interim, Canadians may request a copy of the draft regulations from Health Canada at cannabis@canada.ca.

In addition to the online consultation, Health Canada will convene regional roundtable discussions and webinars to explain and seek input on the proposed regulatory controls across the country. Health Canada will also continue to work closely with provincial and territorial governments, Indigenous partners, and community-based organizations to continue to increase public understanding of the facts about cannabis and its use.

Related comments

JADEO The Law 1 month ago / Toronto, Ontario


Ontario Takes a Phased Approach to Cannabis Retail Licensing Due to National Supply Shortages

December 13, 2018 7:30 P.M. | Ministry of Finance

Today, the Honourable Caroline Mulroney, Attorney General and the Honourable Vic Fedeli, Minister of Finance, released the following statement on changes being made to the licensing process for recreational retail cannabis stores in Ontario:

"It is the federal government's responsibility to oversee cannabis production and to provide a viable alternative to the illegal market by ensuring there is sufficient supply to meet consumer demand. Yet, we continue to see severe supply shortages across the country in legal, licensed recreational cannabis stores.

For example, Alberta stopped issuing any new retail cannabis licences after only receiving 20 per cent of the stock it ordered from federally licensed producers, and in Quebec retail operating hours have been reduced to four days a week. In addition, the shortage of supply has restricted online sales in many jurisdictions.

This is a national issue that demands an immediate response from Justin Trudeau and the federal government. The Government of Ontario has brought this to the federal government's attention repeatedly. At a recent meeting of federal, provincial and territorial Finance Ministers in Ottawa, Minister Fedeli, along with Finance Ministers from several other provinces and territories, raised the issue of a severe shortage of supply across the country with Federal Finance Minister Bill Morneau.

Taking into consideration the required investments for a prospective Ontario private legal retailer, we cannot in good conscience issue an unlimited number of licences to businesses in the face of such shortages and the federal government's failure to provide certainty around future supply.

That is why today we are announcing that Ontario will be taking steps to ensure that private cannabis retail stores open in phases. In the initial phase up to 25 licences will be issued so operators can open for business on April 1, 2019 and stay open.

To ensure a fair and transparent process, the Alcohol and Gaming Commission of Ontario (AGCO) will implement a lottery system to determine who is eligible for the initial licences to legally operate a store in Ontario. All interested parties will be able to submit an expression of interest form online to the AGCO from January 7 to January 9, 2019. The expressions of interest will be put into a lottery pool for a draw. The draw will be conducted on January 11, 2019, with the results to be posted on the AGCO's website within 24 hours.

The lottery process will be overseen by a third-party fairness monitor to ensure equality and transparency in the treatment of the expressions of interest, as well as an appropriate distribution of stores in each region of the province, which is set out in the regulation. Further details on the lottery system will be available on the AGCO website.

The OCS continues to work closely with federally licensed producers to monitor the availability of supply and to secure supply for Ontario, including through regular product calls and frequent visits to producer facilities. The lottery is going to be a temporary model for issuing private retail licences. When Ontario has determined that the federal government has provided for enough reliable supply, Ontario will communicate next steps for additional private retail stores.

Our government refuses to compromise the viability of Ontario businesses. Private retailers need certainty from the federal government that there will be a reliable supply of cannabis to support their business and combat the illegal market.

We will continue to urge the federal government to take immediate action to ensure licensed producers ramp up production in order to meet the anticipated market demand for recreational cannabis."

Related comments

  • From Janelle Simone

    This is a fair approach to start with when you consider the supply issues we are seeing across the country. What would be the point of issuing a large number of licenses if the stores won't be able to legally sustain? So I agree with this approach.

JADEO The Law 2 months ago / Toronto, Ontario


Ontario Government Announces Strict Regulations for the Licensing and Operation of Private Cannabis Stores

November 14, 2018 5:30 P.M. From The Ministry of the Attorney General

Tightly-regulated private cannabis retail store system will protect children and combat the illegal market

Today, Ontario's Government for the People implemented the latest phase of its planned response to the federal government's legalization of cannabis by passing strict new regulations to protect children and youth, keep communities and roads safe and combat the illegal market.

The result of widespread consultations with the people of Ontario, these regulations provide clarity for a private recreational cannabis store system that will begin April 1, 2019 under the close oversight of the Alcohol and Gaming Commission of Ontario (AGCO).

The regulations establish a minimum distance of 150 metres (approximately 500 feet) between cannabis retail stores and schools, including private and federally-funded First Nation schools off-reserve. This distance buffer will help protect students and keep communities safe, while other regulations will combat the influence and participation of organized crime in the legal licensed framework.

"The purpose of these regulations is to keep kids safe and to ensure all people operating in this tightly-regulated retail system behave with integrity, honesty, and in the public interest," said Attorney General Caroline Mulroney. "The application process for private cannabis retail store licences will begin on December 17, 2018, and we will be ready with laws and regulations to protect Ontario's youth and to combat the criminal market in response to the federal government's legalization of cannabis."

Other new strict regulations established by the Ontario Government include:

  • Retailers will not be permitted to allow anyone under the age of 19 to enter their stores. This approach and other regulations were developed to address the risk of youth exposure to the cannabis retail market.
  • Specific instances in which applicants will be denied a licence, including cannabis-related criminal offences. Notably, illegal cannabis retailers who were operating after October 17, 2018 are not eligible for Ontario cannabis sales licenses.
  • A prohibition on the issuance of a licence to any individual or organization who has an association with organized crime.
  • Requirement that individuals or entities applying for an operator licence demonstrate their tax compliance status to show that they are in good standing with the government.
  • A requirement for all private recreational cannabis retail storefronts to be stand-alone stores only.
  • Individuals with a store authorization, cannabis retail managers and all retail employees will be required to complete the approved training to ensure that any individual who works in the cannabis retail market is trained in the responsible sale of cannabis.

Quick Facts

  • The government has consulted with municipalities, Indigenous communities, law enforcement, public health advocates, businesses and consumer groups, as well as representatives from other provinces to create these new regulations.
  • The private retail store model will be tightly-regulated and strictly enforced by the AGCO, establishing a zero-tolerance approach for any retailer who provides cannabis to anyone under the age of 19.
  • It is anticipated that the AGCO will begin accepting applications on December 17, 2018 and private retailing of cannabis will begin on April 1, 2019.
  • The government has committed to providing $40 million over two years to help municipalities with the implementation costs of recreational cannabis legalization.
  • Private retail recreational cannabis stores will be permitted to open between 9:00 a.m. and 11:00 p.m. on any day. These operating hours are consistent with on-site retail stores for alcohol and will provide retailers with the flexibility to respond to local market conditions and consumer demands.
  • A market concentration limit of 75 stores per operator has been set to prevent a high degree of market consolidation, promote opportunities for small businesses and promote investment in the cannabis retail sector.

Related comments

JADEO The Law 2 months ago / Toronto, Ontario


What The Midterm Election Results Means For Cannabis

It’s been one week since the U.S. midterm elections. While the media has been busy highlighting the impact poll results will have on various states and the Democrats taking back the house, the one win that no one seems to be talking about is for cannabis legalization.

Mid-Term Cannabis Wins

While recreational legalization was on the ballot in North Dakota and Michigan, voters in Missouri and Utah were able to vote strictly on medical marijuana. A recreational ballot measure in North Dakota was the only marijuana initiative that voters rejected. The other successful votes opened up new markets in Michigan, Missouri and Utah that eventually could generate $2 billion in medical and recreational sales.

These numbers now mean that 33 states have made medical marijuana legal, with 10 left-wing states legalizing recreational cannabis. With numbers this high, it begs the question of why only western states like Colorado, Washington, Oregon, Nevada and California come to mind when we think of legal cannabis? The answer hits home. Much like our regulatory setbacks in Ontario, states like Massachusetts, Vermont and Maine may have legalized marijuana, but recreational sales haven’t properly begun on the East Coast due to delays in implementing retail regulations.

Investment Opportunities in Cannabis

While investment opportunities look most lucrative for the states which have fully legalized, medical states have massive opportunity that begs a second glance. Though Michigan may have stolen the headlines as the 10th state to open up legal cannabis sales, when we look at the impact of medical marijuana becoming legal in Missouri, we see that it calls for “no fewer than 60 cultivation, 80 processing and 192 dispensary licenses based on Missouri’s population.”

We are seeing the shift happen steadily, with laws changing state by state. In January, Vermont became the first state to legalize marijuana through its Legislature rather than a ballot initiative when the governor signed the bill into law. Times are a changing, but a slow and steady shift in cannabis politics happen state by state begs many questions.

What Happens When Side-by-Side States Have Varying Policies?

As you might guess, when neighbouring states have contrasting laws around cannabis, the opportunity for economic growth is being lost to states who have legalized the sale of the plant. For example, the opening of legal markets in states surrounding New York is expected to put pressure on NY State Governor Andrew Cuomo, particularly once residents of New York City can hop a quick train to New Jersey to buy weed, taking their sales tax revenue across the Hudson River.

The big question is what Trump plans to do with federal regulation. Democrats as the new majority party in the U.S. House of Representatives, improves the odds that lawmakers will pass federal marijuana reforms that benefits cannabis business.. While the shift in the house and more ballot initiatives make it more promising that a Federal deal will be possible, it is more likely that Trump will first move to legalize medical cannabis. Dana Rohrabacher, a conservative Republican from California who has said he uses medical marijuana to treat arthritis pain, told Fox Business recently that “President Donald Trump was committed to legalizing medical marijuana after the midterm election, while leaving the question of recreational pot to the states.”

The opportunity for economic growth is no oversight in how these bills will be determined. Being the world’s largest economy, the potential for a U.S. marijuana market is reported to reach “$75 billion by 2030, according to an estimate from Cowen & Co.” This shift in American politics is bringing about huge opportunity in the cannabis industry, with every new legal state being another step closer to the biggest win of all.


Related comments

  • From Janelle Simone

    This was definitely an interesting read. I don't pay in-depth attention to U.S. politics so I didn't realize the strides being made in Cannabis recently.

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JADEO The Law 2 months ago / Toronto, Ontario


Simple Guidelines for Canadian Cannabis Marketing

Your Go-To-Marketing Guide For Cannabis in Canada

Want to sleep at night?  Worried about having your lawyer on speed dial?  It's tough being in advertising!  #Stressful #Compliance

The Canadian Marketing Association has worked hard with experts in the industry to bring you the ultimate guide book to keep you on the rightside of the law.  After all, no one looks good in an orange jumpsuit! 

→ Download your free copy now.

___

#WeAreJADEO
Last Updated: October 30, 2018






Related comments

  • From Brianne Campbell

    This is definitely an important read if you're working in the cannabis industry or thinking about a career in cannabis.

    • From JADEO

      Thanks Brianne! We are big fans of checklists and guides! Share away!

  • From Natasha Fierce

    A great comprehensive guide that makes everyone's lives easier! I downloaded the free copy!

  • From Janelle Simone

    oooooh this is amazing for us marketers out there trying to navigate new waters. Thanks!

JADEO The Law 2 months ago / Toronto, Ontario


Toronto Police Raid And Close A Number Of Illegal Dispensaries

One week into legalization and the Toronto Police have notified the general public via press release that they have taken measures to enforce the Provincial Cannabis Act. More than six cannabis dispensaries operating illegally within the Greater Toronto Area were raided and closed down.

Prior to this, dispensaries were given fair warning that come Oct 17th they would be operating in violation of the Cannabis act and they would be subject to fines (including their landlords), closures and criminal charges. The dispensaries were also notified that if they continued to operate illegally past Oct 17th there would be no chance of them being able to obtain legal licenses to operate in April 2019 when the private sales model goes into effect. Over 50 of the 80+ dispensaries operating heeded the warning and closed shop prior to legalization day. 

According to the Toronto Police shops closed include:

- Cafe 66, 66 Fort York Boulevard
- Allevi 8, 250 Church Street
- 19 Baldwin Street (unclear business name)
- Green Corner, 282 Eglinton Avenue West
- The Bud Station, 1506 Eglinton Avenue West
- Lounge 420 1530 Queen Street West

13 people were charged and released on Part III Provincial Offenses Act summons. 

Other locations reported as being raided and closed by the Toronto Police are:

- Cloud 6ix, 333 Spadina Avenue
- 56 Section, 912 Danforth Avenue
- The Healing Centre Dispensary, 1506 Dundas Street West
- Golden Leaf, 2655 Lawrence Avenue East

Investigators, working cooperatively with the City of Toronto’s Municipal Licensing and Standards, issued interim closure orders on all locations. 

The Toronto Police Service will continue enforcement and would like to remind those operating illegal dispensaries that if they choose to stay open, they do so at their own risk. 


Last updated 23/10/2018 JP


Related comments

  • From Janelle Simone

    This going to be a fulltime job for the police as some of the dispensaries have already prepared for this type of action. They get closed down and they pop right back under different names etc.

  • From JCSisyphus

    It's a necessary evil unfortunately. Not sure what these business owners were expecting, but all I hope is for minimal suffering and we can all get past this.

  • From Connor Christine

    A friend of mine was at an illegal dispensary in Hamilton last night, and on their tip jars they had signs that said "Bail Money." She told me she wasn't sure to laugh or silently put a tip in...

    • From Janelle Simone

      OMG! The irony!

JADEO The Law 2 months ago / Toronto, Ontario


Watch As The Guys Test Driving High vs. Driving Sober

Crash And Burn? 10% Slower? or 10% Better Performance?

At JADEO, we wondered how cannabis consumption would impact (our already questionable) driving skills.  We decided to pull together a quick visual reference for you so you can watch, learn, and discuss what happens when someone gets behind the wheel after consumption.

Remember, driving high is no laughing matter.  The fines can start at $1000.  Ouch.

No matter how little you inhaled or how many gummies you may have in your system - OR - if you are a legal medical user - you are responsible to drive without cannabis in your system.  

What happens to the your ability to stay focussed and drive safely after cannabis consumption? 


Important Facts To Checkout

-

The views and opinions expressed in this video are of the presenter and do not necessarily reflect the official policies or positions of JADEO.

JADEO makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability or suitability with respect to any content contained within the video.

JADEO urges you to consult with a qualified physician for consultation, diagnosis and/or treatment plans with respect to your medical condition(s) and/or wellness goals.

-

Stay informed. Stay healthy.

#WeAreJADEO 
Last Updated:  Oct. 22, 2018 (tm)



Related comments

  • From JCSisyphus

    I think most importantly we need to break down the stigma of what cannabis consumption actually is / does. I'm not advocating for taking bong rips at red lights, but heavy users are going to be unfairly targeted by any kind of blood test. We're looking at past experience with alcohol and trying to apply the same rules, alcohol is not cannabis. Cannabis is much more, and far less dangerous in residual concentration.

  • From Connor Christine

    People need to make smart decisions when it comes to driving under the influence. Is it really necessary you get behind the wheel when you consume ANYTHING that could affect your ability to drive.. EVEN NyQuil- never mind the dangers of alcohol and being high. And if you don't care about yourself getting from point A to B please think of all of the cars around you, and who might be in them(children, grandparents, a single mother of 4, a dad on his way home). Keep the roads safe, if you need to get somewhere there are SO many alternative options!!!!

JADEO The Law 3 months ago / Toronto, Ontario


Yukon's Cannabis Law - What You Need To Know

First, it is important to note that each province in Canada has its own laws and you are required to know and follow the law for the province you are located in.  When it comes to the rules, we know it is best to go to the source - so we popped over to the Yukon Government website and transported their information here for you you to read.

The information below was last updated on Oct. 5, 2018.  When in doubt, please visit the Yukon Government website.

Yukon's Approach To Cannabis Legalization

The Government of Yukon will be monitoring legalization to ensure the protection of public health and safety, with a specific focus on youth, and the displacement of the illicit cannabis market. 

Minimum Age Of Possession

Yukon's minimum age to possess, purchase and consume cannabis will be 19 years old. 

Retail Framework

On October 17, 2018, Yukoners will be able to purchase cannabis from the temporary government-run store located at 102B Industrial Road in Whitehorse and through its e-commerce site. The Yukon Liquor Corporation (YLC) will be responsible for both the store and the e-commerce system. The Cannabis Licensing Board will be formed in early 2019 and will begin accepting applications for private retail in the spring of 2019. 

Yukon’s plan is to enable private retail stores to operate under a licensing regime after legalization. Regulations and policies are being developed to allow for private retail sales in the future

The YLC’s goal is to ensure an assortment of non-medical cannabis products will be available when legal.

The federal legislation only allows for certain cannabis products to be available in the first year. Some products that YLC expects to sell are:

  • whole flower
  • ground flower
  • pre-rolled cannabis
  • oil
  • oil capsules
  • seeds

YLC will not be selling cannabis seedlings but may do so in the future.

Finished edibles such as cookies will not be legal to sell at the time of legalization. For more information on what will be legal to buy please visit https://www.canada.ca/en/healt...

Wholesale Distribution Model

The YLC plans to have supply agreements with five to six licensed producers at legalization. All of the supply agreements are non-exclusive so licensed producers can be added as needed, including potential Yukon producers.

YLC has chosen to source licensed suppliers closest to market to keep shipping costs as low as possible while also ensuring a variety of brands and products are available. YLC currently has supply agreements with the following federally licensed producers:

  • Tilray/High Park
  • Canopy Growth/Tweed
  • Broken Coast
  • Whistler Cannabis Company
  • Aphria
  • Aurora

YLC is working to secure other supply agreements with licensed producers in the coming weeks.

Personal Public Possession Limits

Adults who are 19 years or older are able to:

  • Possess up to 30 g of legal dried cannabis or the equivalent on their person.
  • Share up to 30 g of legal cannabis with other adults in Canada.
  • Purchase cannabis products from a Yukon Liquor Corporation licensed retailer.

It is illegal to provide non-medical cannabis to anyone under the age of 19 and for anyone under the age of 19 to possess any amount of non-medical cannabis in Yukon.

Places Of Use

Cannabis consumption is legal within the confines of your private property (house and yard), unless you use your home to run a daycare or preschool. If you’re caught consuming in public, a law enforcement officer will
either give you a warning, seize the cannabis or issue a ticket.

Landlords can prohibit smoking or vaping and growing of cannabis plants within rental properties. Tenancy agreements
that include no smoking will be interpreted to include no smoking of cannabis. Landlords and tenants should work together to clarify rental agreements and put what’s agreed to in writing. 

Growing Your Own

Yukoners can grow their own cannabis for personal use. Your house – regardless of how many people live there – can grow up to 4 plants. There is no restriction on the size of plant.

Adults are responsible for keeping kids safe from plants and their products.

Drug Impaired Driving

It is illegal to drive while impaired by drugs or alcohol. If you’re going to consume, park your vehicle, snowmobile or quad and dock your boat. 

If you have cannabis products in your car, make sure they are in a closed container and out of the reach of both the driver and any passengers.


More information about Cannabis in Yukon can be found on the provincial government website.

Remember to always consult your doctor before beginning any type of wellness treatment.

-

Stay informed. Stay healthy.
#WeAreJadeo

last updated: (10/05/2018) JP

Related comments

JADEO The Law 3 months ago / Toronto, Ontario


Nunavut's Cannabis Law - What You Need To Know

First, it is important to note that each province in Canada has its own laws and you are required to know and follow the law for the province you are located in.  When it comes to the rules, we know it is best to go to the source - so we popped over to the Nunavut Government website and transported their information here for you you to read.

The information below was last updated on Oct. 5, 2018.  When in doubt, please visit the Nunavut Government website.

Nunavut's Approach To Cannabis Legalization

The Government of Nunavut has outlined 4 key goals for the legalization of cannabis:

  • Protect the health and safety of Nunavummiut, especially minors;
  • Provide for the safe distribution of cannabis to adults;
  • Combat the illegal market for cannabis; and,
  • Increase awareness of the risks associated with cannabis.

Minimum Age Of Possession

Nunavut's minimum age to possess, purchase and consume cannabis will be 19 years old. 

Retail Framework

The Nunavut Liquor Commission (NULC) will be responsible for the distribution and retail of cannabis. It will be the only jurisdiction in the Canada that has no plans for any physical retail presence for Cannabis. Residents will have to depend on online storefronts to secure their cannabis. Private businesses can apply to sell cannabis and established online vendors will be invited to sell cannabis, however due to requirements for consultation, no stores will open in 2018.

Personal Public Possession Limits

The Laws

Adults who are 19 years or older are able to possess up to 30 g of legal dried cannabis or the equivalent on their person.

Places Of Use

Public Use will be allowed under the same rules as tobacco smoking. Use will not be allowed in places commonly frequented by children, hospital grounds, during public events, and inside vehicles. Cannabis lounges where non-smoked cannabis can be sold and consumed might be allowed per Nunavut legislation.

Growing Your Own

Nunavut residents are not allowed to grow their own plants.


More information about Cannabis in Nunavut can be found on the provincial government website.

Remember to always consult your doctor before beginning any type of wellness treatment.

-

Stay informed. Stay healthy. 
#WeAreJadeo

last updated: (10/05/2018) JP

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JADEO The Law 3 months ago / Toronto, Ontario


Quebec's Cannabis Law - What You Need To Know

First, it is important to note that each province in Canada has its own laws and you are required to know and follow the law for the province you are located in.  When it comes to the rules, we know it is best to go to the source - so we popped over to the Quebec Government website and transported their information here for you you to read.

The information below was last updated on Oct. 5, 2018.  When in doubt, please visit the Quebec Government website.

Quebec's Approach to Cannabis Legalization

The government of Québec must stringently regulate the substance in response to the federal government’s intent to legalize its production and sale.

The regulation aims mainly to reduce the risks and harm to the health and safety of individuals. Emphasis is placed specifically on the following:

  • protecting the health and safety of persons, in particular those of the most vulnerable groups, including young persons;
  • preventing the initiation to cannabis use, particularly of teenagers, young adults and vulnerable groups of the population;
  • promoting the integration of consumers into the legal market from the perspective that the regulated sale of quality-controlled products will reduce health risks; and
  • ensuring road safety.

Minimum Age Of Possession

Quebec’s minimum age to possess, purchase and consume cannabis will be 18 years old.  A minimum age of 18 is consistent with Quebec’s minimum age for alcohol and tobacco and with the age of majority in Quebec.

Retail Framework

Only the SQDC may sell cannabis retail in Québec.

General rules in matters of the sale of cannabis in Québec (non-exhaustive list):

  • a minor may not be admitted into a cannabis retail outlet;
  • it is prohibited:
    • to sell cannabis to a minor or to an adult purchasing for a minor;
    • for a minor to purchase cannabis;
  • cannabis must be displayed in such a way that customers may not have access to it without the assistance of an employee and that it is visible only from the inside of the cannabis retail outlet;
  • cannabis sold at the SQDC may not be altered there in any way and may not be treated to change its properties;
  • cannabis sales employees must have successfully completed the training determined by regulation of the Minister of Health and Social Services;
  • it will not be permitted to sell more than the equivalent of 30 grams of dried cannabis to a purchaser in the course of a same visit;
  • the public health information prescribed by regulation of the Minister of Health and Social Services must be communicated by the sales employee to the purchaser at the time of any purchase;
  • cannabis may not be sold to a person whose behaviour is clearly altered by drugs or alcohol, nor to a person purchasing cannabis for another person whose behaviour is clearly altered in such a manner.

Only the following classes of cannabis may be sold following the coming into force of the legalization on October 17, 2018:

  • dried cannabis;
  • dried cannabis;
  • fresh cannabis.

When the federal government allows it, cannabis resin (hashish) may be sold by the SQDC.

No other product, including edible products, whether approved or not by the federal government, may be sold in Québec without the Québec government making a regulation authorizing its sale.

A cannabis retail outlet of the SQDC may not be operated near schools (preschool, elementary and secondary). It is considered to be near an educational institution if, from the boundaries of the grounds on which the institution is situated, the shortest route to the retail outlet by a public road is less than 250 metres or, in the territory of Ville de Montréal, less than 150 metres.

Also, under Quebec law, logos, designs and images cannot be used on cannabis-related objects unless they are government approved.

Personal Public Possession Limits

It will be possible to possess 30 grams of dried cannabis or its equivalent in a public place, as prescribed by the federal Act.

It is prohibited for a minor to possess the equivalent of 5 grams of dried cannabis or less. Combined with the federal prohibition for a minor to possess the equivalent of more than 5 grams of dried cannabis, this means in fact a total prohibition for minors to possess cannabis. It is also prohibited for a minor to give cannabis.

The amount of dried cannabis or its equivalent that one may possess in a place other than a public place is set at 150 grams. In a private residence, the possession limit of 150 grams of dried cannabis or its equivalent applies, regardless of the number of persons of full age who live there. Moreover, an adult may not possess a total of more than 150 grams of dried cannabis or its equivalent in one or more places other than a public place, notably in all of his or her residences.

It is prohibited for any person to possess cannabis in certain places, particularly certain places accessible mainly to minors. Rules are set for the safe storage of cannabis. Therefore,

  • it is prohibited to possess cannabis:
    • on the grounds, the premises or in buildings placed at the disposal of an educational institution providing preschool education services, elementary and secondary school instructional services, educational services in vocational training or educational services to adults in general education;
    • on the premises or in the buildings of a college-level educational institution, except student residences;
    • on the grounds and in the facilities of a childcare centre or day care centre, as well as on the grounds, on premises or in buildings used for detention.

It will be required to store cannabis in a safe manner, in a place not easily accessible to minors;

In the case of an intermediate resource or of a family-type resource located in a private residence, as well as childcare services, whether the child care providers are recognized or not, cannabis must be kept under lock.

Places of Use

It should be noted that the restrictions on the use of cannabis provided for in the Cannabis Regulation Act also apply to medical cannabis.

It is prohibited to smoke cannabis in certain open or enclosed spaces:

It will be prohibited to smoke or to vape cannabis in all places where smoking tobacco is already prohibited.

The following are added to the above:

  • on the grounds of health and social services institutions;
  • on the grounds of college-level institutions and universities;
  • on bicycle paths;
  • in shared transportation waiting areas.

For a detailed list of restricted locations, click here.

Consumption of cannabis will be allowed at home, unless your lease indicates otherwise. Landlords will be able to add cannabis restrictions to leases within the first 90 days of legalization.

Growing Your Own

It is totally prohibited to cultivate cannabis for personal use. Note that it is also prohibited to possess a cannabis plant.

Drug Impaired Driving

Drug impaired driving will continue to be illegal in Quebec. The Province will increase training for law enforcement in this area and toughen provincial regulations to give police more tools to remove drug-impaired drivers from the road and deter drug-affected driving, including:

First offense

- immediate 90 day suspension of license
- one year suspension of license
- fine of $1,000 

Second offense

- fine of $2,000
- a court determined prison sentence


More information about Cannabis in Quebec can be found on the provincial government website.

Remember to always consult your doctor before beginning any type of wellness treatment.

-

Stay informed. Stay healthy.
#WeAreJadeo

last updated: (10/05/2018) JP

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JADEO The Law 3 months ago / Toronto, Ontario


Newfoundland and Labrador's Cannabis Law - What You Need To Know

First, it is important to note that each province in Canada has its own laws and you are required to know and follow the law for the province you are located in.  When it comes to the rules, we know it is best to go to the source - so we popped over to the Newfoundland and Labrador Government website and transported their information here for you you to read.

The information below was last updated on Oct. 4, 2018.  When in doubt, please visit the Newfoundland and Labrador Government website.

Minimum Age Of Possession

If you're19 years and older you will be able to purchase cannabis in the form of flower buds, oils and capsules only from places authorized by the NLC. 

Retail Framework

In Newfoundland and Labrador cannabis will be governed under 4 provincial legislations: The Control and Sale of Cannabis Act, The Smoke Free Environment Act 2005, The Liquor Corporation Act, and The Highway Traffic Act. Newfoundland and Labrador will allow cannabis to be sold by licensed private retailers, though distribution and regulation will be run by the province's crown corporation Newfoundland and Labrador Liquor Corporation (NLC). Online sales will also be government-operated.

On the day of legalization Newfoundland is expected to have 24 stores operated by licensed retailers. These retail stores will carry a variety of cannabis products as well as cannabis accessories.

Buying or selling cannabis outside of the licensed system will be considered a criminal offence with severe fines.

Wholesale Distribution Framework

Canopy Growth Corp, a company based in Smith Falls, Ontario will be Newfoundland’s main wholesale cannabis supplier and will provide cannabis to the local market through it's $55 million dollar production facility, which will be built on the outskirts of St. John’s. Through the company's Tweed subsidiary, it will also operate four physical retail locations.

Personal Public Possession Limits

A person shall not possess in a public place or in a vehicle in a public place more than 30 grams of dried cannabis or the federal equivalent amount without a licence.

Youth caught with cannabis will not be criminally charged but will be fined $100 and may have other minor penalties. The sale of cannabis to a minor or to an intoxicated person can warrant fines between $500 and $100,000 and include up to 2 years jail time.

Places Of Use

A person shall not consume cannabis:

- in a public place;
- in a place in which smoking is prohibited under the Smoke-free Environment Act, 2005
- in or on a vehicle or boat; or 
- in a place prescribed by the regulations.

The Lieutenant-Governor in Council may prescribe by regulation a location or place in which cannabis may be consumed even though it would otherwise be prohibited.

A person may consume cannabis in or on a vehicle or a boat that is being used as a dwelling house while

- the vehicle is not in motion and is in or on private land with the permission of the owner of the land; or
- the boat is moored to land or anchored.
- Where there is a conflict between this section and the Smoke-free Environment Act, 2005, the Smoke-free Environment Act, 2005 prevails.

Public consumption of cannabis will carry a fine between $50 and $500 and consumption in a vehicle is punishable with tickets ranging from $300 to $10,000.

Growing Your Own

Cannabis cultivation will be permitted to a maximum of up to 4 cannabis plants per private residence. For those that are renting though, landlords will be able to write “no recreational cannabis” into new contracts meaning no smoking and no possession of cannabis plants. Landlords will however have to provide proper notice of the new rental terms and allow tenants at least 3 months to secure other accommodations if they do not agree to the amended lease agreement.


Drug Impaired Driving

Drug impaired driving will continue to be illegal in Newfoundland and Labrador. The Province will increase training for law enforcement in this area and toughen provincial regulations to give police more tools to remove drug-impaired drivers from the road and deter drug-affected driving, including:

First offense

- 7 day vehicle impound
- driving ban of 1 year
- fine of $600
- mandatory enrolment in a driving course

Second offense 

- 7 day vehicle impound
- driving band of 3 years
- jail time of 14 days
- mandatory medical exam has to be conducted

Third offense

- driving ban of 10 years
- imprisonment of 90 days
- mandatory medical exam has to be conducted

Transportation of up to 30 grams of cannabis is allowed in your vehicle, but it must be stored in a sealed container or be inaccessible to both the driver and the passenger. 



More information about Cannabis in Newfoundland and Labrador can be found on the provincial government website.

Remember to always consult your doctor before beginning any type of wellness treatment.

-

Stay informed. Stay healthy. 
#WeAreJadeo

last updated: (10/05/2018) JP

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