Laws & Regulations

FEDERAL LEGISLATION

Cannabis (marijuana) is still a Schedule II drug under the Controlled Drug and Substances Act, and, unless otherwise regulated for production and distribution for medical purposes, is subject to offences under that Act. The possession and sale cannabis for non-medical purposes is still illegal everywhere in Canada.

Unlicensed Sellers

Storefront operations selling cannabis, also known as “dispensaries” and “compassion clubs” are not licensed by Health Canada and are illegal. They are supplied by illegal growers and sell untested, unregulated products that may be unsafe and of particular risk to children.

Some cities such as the City of Toronto has charged individuals with possession for the purpose of trafficking and possession of proceeds obtained by crime who have operated such dispensaries. There are 38 authorized licensed producers in Canada, and 23 in Ontario. Licensed producers distribute medical marijuana and cannabis oils by mail to authorized users. Storefront distribution of medical marijuana or cannabis is illegal and not permitted.

Enforcement of Current Laws

There are public health and safety risks that are associated with cannabis use, including its effects on the mental development of young people and illicit profits that support criminal organization. Until cannabis laws change, and strict regulations and restrictions are put in effect, local police authorities will continue to address illegal cannabis possession and sales.

Access to Cannabis for Medical Purposes Regulations (ACMPR)
http://laws.justice.gc.ca/eng/regulations/SOR-2016-230/

Cannabis Act
http://www.parl.ca/DocumentViewer/en/42-1/bill/C-45/first-reading

Canadian Criminal Code
http://laws-lois.justice.gc.ca/eng/acts/C-46/

Controlled Drugs and Substances Act
http://laws-lois.justice.gc.ca/eng/acts/C-38.8/

Drug-Impaired Driving Detection Act
http://www.parl.ca/DocumentViewer/en/42-1/bill/S-230/first-reading

Food and Drug Act
http://laws.justice.gc.ca/eng/acts/F-27/

PROVINCIAL LEGISLATION

Manitoba

Proposed Cannabis Harm Prevention Act
http://web2.gov.mb.ca/bills/41-2/b025e.php

MUNICIPAL LEGISALTION AND REPORTS

ONTARIO

Toronto

The City of Toronto Licensing and Standards Committee received a staff report on the issue of medical cannabis dispensaries. The committee “deferred consideration of the item until provincial and federal legislation has been passed on medical marijuana dispensaries”. Read the staff report on the Review of Regulations Governing Marijuana for Medical Purposes.

Toronto Public Health reported on the legalization and regulation of non-medical marijuana, May 16, 2016

http://www.toronto.ca/legdocs/mmis/2016/hl/bgrd/backgroundfile-93042.pdf

BRITISH COLUMBIA

Vancouver

By-Law re: Compassion Clubs and Medical marijuana-related Retail Dealers
http://council.vancouver.ca/20150624/documents/ptecbylaws.pdf

Victoria

By-Law re: Cannabis-related Businesses
http://www.victoria.ca/assets/City~Hall/Bylaws/16-061%20Cannabis%20Related%20Business%20Regulation%20Bylaw.pdf