Keith Mack
The Cannabis Act, also known as Bill C-45, was passed by the House of Commons of Canada on 27 November 2017 and came into effect on 17 October 2018. The Act legalised the recreational use of cannabis in Canada, making it the second nation globally to do so. However, the use, possession, sale, and distribution of cannabis in Canada are subject to strict legal frameworks and provincial or territorial restrictions.
| Characteristics | Values |
|---|---|
| Year of passing the recreational cannabis law | 2018 |
| Date of passing the law | 19 June 2018 |
| Effective legalization date | 17 October 2018 |
| Legal age | 18 years or older |
| Maximum quantity allowed in public | 30 grams of dried or "equivalent non-dried form" |
| Plants allowed per household | 4 |
| Cannabis edibles legalized | 17 October 2019 |
| Excise tax on all products containing THC | Introduced on 1 May 2019 |
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What You'll Learn
The Cannabis Act
In Canada, cannabis is legal for both recreational and medicinal use. However, this hasn't always been the case. Cannabis was originally prohibited in 1923 until medicinal use was legalised nationwide under the Marijuana for Medical Purposes Regulations issued by Health Canada, effective 30 July 2001. This was later superseded by the Access to Cannabis for Medical Purposes Regulations, which also permitted seed, grain, and fibre production under licence by Health Canada.
In 2015, after being elected Prime Minister, Justin Trudeau took the first significant step towards legalising cannabis for casual use. He created a federal-provincial-territorial task force to discuss a jointly suitable process for legalisation. The Task Force on Marijuana Legalization and Regulation released a 106-page report to the public on 13 December 2016, with recommendations for the federal and provincial governments to consider.
On 27 November 2017, legislation to legalise cannabis for recreational use (Cannabis Act, Bill C-45) was passed by the House of Commons of Canada. It passed its second reading in the Senate of Canada on 22 March 2018. On 18 June 2018, the House passed the bill with most, but not all, of the Senate's amendments. The Senate accepted this version of the Act the following day. Canada became the second nation, after Uruguay, to legalise the drug.
It is important to note that, despite the legalisation of cannabis in Canada, there are still restrictions and regulations in place. For example, taking cannabis across the border, even for medical purposes, remains illegal. Additionally, driving under the influence of drugs is still a criminal offence, and Canada introduced an excise tax on all products containing THC in 2019.
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Provincial restrictions
The Cannabis Act (Bill C-45) allows for the legal use of cannabis in Canada, but provinces and territories are permitted to enforce their own restrictions and regulations regarding the sale, distribution, and use of cannabis.
The legal age to purchase and use cannabis varies across Canada. The federal minimum age is 18, which was the minimum age in Alberta and Quebec until 2020, while all other provinces set the age at 19. As of 2020, Alberta permits the public smoking of cannabis, applying the same restrictions as those in place for tobacco smoking.
In Nova Scotia, only the Nova Scotia Liquor Corporation is allowed to sell marijuana, and retail stores licensed to sell cannabis are not permitted to sell alcohol, tobacco, or pharmaceuticals. The product available includes dried flower, milled flower, plant seeds, oil, capsules, and pre-rolls. Edibles were not legal until late 2019 at the earliest.
Across Canada, adults may buy and possess up to 30 grams (1.05 oz) of dried or "equivalent non-dried form" in public. There is no limit on the amount that may be possessed at an adult's home, but it must be stored in a locked container or room. Adults may also make cannabis-infused food and drinks, providing organic solvents are not used to create concentrated products. Adults may grow up to four marijuana plants per household for personal use, although restrictions may be placed by landlords or condo corporations.
Driving under the influence of drugs is illegal, and Canadians travelling within the country are allowed to carry up to 30 grams of cannabis. Taking cannabis across the border is illegal, even for medical use.
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Driving under the influence
In 2018, Canada became the second country in the world to legalise the use of cannabis for recreational purposes. While this was a significant step forward in terms of drug legislation, it also raised concerns about the potential impact on road safety. As a result, new laws and penalties were introduced to address the issue of driving under the influence of cannabis.
To address this issue, the Canadian government established specific limits on the amount of THC, the primary psychoactive ingredient in cannabis, that a driver can legally have in their blood. These limits are outlined in Bill C-46, which changed the country's impaired driving laws. Under this legislation, anyone operating a motor vehicle with at least two nanograms (ng) of THC per millilitre (ml) of blood can be punished under the Canadian Criminal Code. Driving with more than two but less than five ng of THC may result in a summary offence with a maximum fine, while driving with more than five ng of THC per ml of blood is considered a hybrid offence.
Despite these efforts, the impact of cannabis legalization on driving under the influence remains a complex issue. Some studies have found an increased likelihood of older adults (≥55 years) driving within an hour of using cannabis after legalization. However, other research suggests that cannabis legalization has not led to a significant increase in traffic injuries or collisions. The overall impact of cannabis legalization on driving under the influence is still being studied and evaluated in Canada.
It is important to note that the laws and regulations regarding cannabis and driving may vary across different provinces in Canada. While the federal government has set specific limits and penalties, each province has constitutional authority over highways and driver licensing within its jurisdiction, allowing them to enact additional laws and sanctions to complement the federal impaired driving laws.
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International travel
On 17 October 2018, the Cannabis Act took effect in Canada, legalising the possession and use of recreational marijuana. However, the legalisation of cannabis in Canada does not mean that individuals can freely transport it across international borders.
Travelling to Canada
When travelling to Canada, it is illegal to bring cannabis into the country, even if it is for medical purposes. If you have cannabis in your possession when entering Canada, you must declare it to a CBSA border services officer. Failure to do so is a serious criminal offence and may result in arrest and prosecution.
Travelling from Canada
It is also illegal to take cannabis across the Canadian border when leaving the country, even if it is legal in the destination country. Transporting cannabis across the border without a permit or exemption authorised by Health Canada is a serious criminal offence, subject to arrest and prosecution. These permits are issued under very limited circumstances and for limited purposes: medical, scientific, or industrial hemp.
Travelling to the United States
Although recreational cannabis is legal in some US states and Canada, it remains illegal under US federal law. US Customs and Border Protection enforces these laws and will continue to do so following Canada's legalisation of cannabis. As federal law prohibits the importation and exportation of marijuana, crossing the border or arriving at a US port of entry with marijuana may result in seizure, fines, and/or arrest, and may impact admissibility.
Other Countries
Cannabis is illegal in most countries. If you travel to other countries with any amount of cannabis in your possession, you could face serious criminal penalties both at home and abroad. It is your responsibility to learn about the laws of the country you intend to visit, including the legal status of cannabis use and possession.
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Public consumption
Cannabis in Canada is legal for both recreational and medicinal purposes. However, public consumption of cannabis is subject to certain restrictions. While the legalisation of cannabis allows adults to consume it in public spaces, there are limits to the quantity that can be possessed and shared. Adults aged 18 or older can possess up to 30 grams of dried cannabis or its equivalent in non-dried form in public. This quantity can also be shared with other adults. The possession limits are based on the quantity of dried cannabis, and equivalents have been determined for other cannabis products. For instance, an adult can legally possess 150 grams of fresh cannabis.
The legalisation of cannabis in Canada has led to a focus on public education and awareness about the associated health and safety risks. The government has committed close to $46 million over five years for these initiatives, especially targeting youth to make them aware of the risks of cannabis consumption.
While cannabis is legal in Canada, it remains illegal in the neighbouring United States. The U.S. government has reminded travellers that cannabis is a controlled substance under U.S. federal law, and possession, production, distribution, or sale is prohibited. Canadians travelling within Canada can carry up to 30 grams of cannabis, but taking cannabis across the border is illegal and can result in seizure, fines, or arrest. This discrepancy in the legal status of cannabis between the two countries has led to discussions about the impact on cross-border travel and trade.
To address the concerns regarding the legal status of cannabis in the United States and Canada, the U.S. Mission to Canada has stated that it is up to each nation to decide its drug policies within the framework of domestic and international law. While cannabis possession may be decriminalised in some U.S. states, it remains illegal under federal law. Canadians entering the United States with cannabis or residue may face legal consequences, including ineligibility for visas. Similarly, participation in the legal marijuana industry in Canada may result in inadmissibility to the U.S. if the purpose of the visit is related to the marijuana industry.
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Frequently asked questions
Yes, the Cannabis Act legalised the recreational use of cannabis in Canada on 17 October 2018.
The Cannabis Act creates a strict legal framework for controlling the production, distribution, sale and possession of cannabis across Canada.
Yes, there are provincial and territorial restrictions. The legal age varies between each province and territory. There are also restrictions on where adults can consume cannabis, for example, in public or in vehicles.
No, it is illegal to transport cannabis across Canada's international borders, including to and from the United States.
