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Oct
15 2018

The Cannabis ‘Cheat Sheet’: What is legal and where

Syndicated from: Retail Council of Canada – All updates

The Cannabis 'Cheat Sheet': What is legal and where PrintOctober 15, 2018Most members will be aware that recreational cannabis will be legal across Canada as of Wednesday, October 17th.  While many rules are still in development, we thought it helpful to provide you with a snapshot view for each province and territory as they currently stand. RCC will continue to engage with provincial and territorial governments across the country as they refine regulations post-legalization, and will ultimately develop a guidebook on cannabis.   Note that there is further regulation required from the federal government on edibles, which is expected in 2019. Until this time, edible marijuana products are not legalized. Once regulation on edibles is available, provinces will have the opportunity to pass their own legislation on edibles to complement federal rules. The federal government has indicated that edible products and concentrates will be authorized no later than October 2019, one year after the Cannabis Act comes into force. Medical marijuana production, sale and use will continue to be regulated solely by the federal government; recreational legalization will not impact current laws for medical marijuana, but may impact unlicensed dispensaries, that will either be forced to shut down or required to go through a licensing process as recreational marijuana distributors. If you have any questions or concerns, please don’t hesitate to contact: Karl Littler, Senior Vice President, Public Affairs at: klittler@retailcouncil.org or 416-467-3783 Province/Territory Minimum age for purchase and possession Where to purchase Prohibited spaces Cannabis in the workplace For more information Alberta 18+ Privately-run retail stores, government-operated online sales Wherever tobacco use is prohibited Hospital, school or child care facilities Playgrounds, sports fields, skateboard or bike parks, zoos, outdoor theatres and pools and splash pads In vehicles (except those used as temporary residences such as RVs) Under existing Occupation Health and Safety legislation, the employer has an obligation to protect the health and safety of all workers on their work site. In turn, workers must safeguard their health and safety, and the health and safety of others around them. Alberta has indicated the possibility of additional or updated legislation, training or education programs on cannabis in the workplace post-legalization. Government of Alberta: Cannabis legalization in Alberta British Columbia 19+ All supply and distribution managed by BC Liquor Distribution Branch to private and government retail stores. Government run online sales.  Wherever tobacco use is prohibited Playgrounds, sports fields, skate parks, and other places where children commonly gather; School properties Motor vehicles   Workplace impairment is currently prohibited under the Occupational Health and Safety Regulation. B.C. employers are encouraged to develop clear impairment policies that take a fitness-to-work test approach to workplace impairment. WorkSafe BC has developed a primer on preparing for cannabis legalization in the workforce. Government cannabis information site BC Liquor Distribution Branch cannabis update page   Manitoba 19+ All supply and distribution managed by the provincial government. Privately run retail stores and online sales. Cannabis use is prohibited in public spaces, including: restaurant patios, in stadiums or outdoor entertainment venues, near wading pools, splash pads and water parks, near playgrounds, on beaches, or within bus shacks or similar public structures. Under the Workplace Safety and Health Act, employers must take necessary precautions to ensure the safety, health and welfare of workers, and to provide and maintain a safe workplace. SafeWork Manitoba has developed a primer on impairment in the workplace Manitoba Cannabis Retail Framework New Brunswick 19+ Government operated retail stores, government operated online sales Recreational cannabis use is prohibited in public spaces. Under the Workplace Health and Safety Act, employers shall take every reasonable precaution to ensure the health and safety of employees, and employees must act so they do not endanger themselves or other people in the workplace. New Brunswick: Legislation concerning cannabis control and drug-impaired driving Newfoundland 19+ Privately run retail stores, government operated online sales, with prices for all cannabis set by government. Recreational cannabis use is prohibited in public spaces. Under the Occupational Health and Safety Regulations, an employer, supervisor or worker shall not enter or remain on the premises of a workplace or at a job site while his or her ability to perform work responsibilities is impaired by intoxicating substances or another cause that endangers his or her health or safety or that of other workers. Government of Newfoundland and Labrador: Provincial Government Releases First Details on Cannabis Legalization in Newfoundland and Labrador Nova Scotia 19+ Government operated retail stores (inside current liquor stores) and online sales Wherever tobacco use is prohibited, as well as: on or within 20 meters of playgrounds located in an outdoor public space on or within 20 meters of a publicly owned sport and recreation event or venue, located in an outdoor public space on and within nine meters of public trails in provincial parks and on provincial beaches, except for within the boundaries of a rented campsite in vehicles used as part of one’s job or work; this does not apply to a personal vehicle used for work purposes if they are the only person using the vehicle for work purposes (this applies to tobacco only – any use of cannabis in vehicles is prohibited). Under the Occupational Health and Safety Act, employers are responsible for ensuring the health and safety of everyone at or near the workplace. A primer on cannabis impairment in the workplace is available here. Nova Scotia: Be in the know about legal cannabis in Nova Scotia Ontario 19+ Following their defeat of the Liberals in the June election, the P.C. government introduced a new framework governing the sale and use of cannabis. The Ontario Cannabis Store website will be the only legal option for purchasing recreational cannabis as of October 17, 2018; there will be no retail stores. The government plans to introduce legislation that, if passed, would allow for private retail stores by April 2019 Wherever tobacco use is prohibited. All methods of consuming cannabis would be prohibited in vehicles and boats that are being driven or under a person’s care or control, subject to certain exceptions that would be prescribed by regulation – e.g. use of medical cannabis edibles by a passenger who is a medical cannabis user. Under the Occupational Health and Safety Act, employers must take every precaution reasonable in the circumstances for the protection of a worker Ontario Government: Cannabis legalization Prince Edward Island 19+ Government run retail stores and online sales Recreational cannabis use is prohibited in public spaces. Under the Occupational Health and Safety Act, an employer shall ensure that every reasonable precaution is taken to protect the occupational health and safety of persons at or near the workplace Government of Prince Edward Island: Province announces framework for cannabis legalization Quebec 18+ (CAQ has indicated their intention to raise this to 21) Government run retail stores and online sales The recently elected CAQ has announced its intention to ban cannabis use in all public spaces. Under the Act Respecting Occupational Health and Safety, every employer must take the necessary measures to protect the health and ensure the safety and physical well-being of his worker Government of Québec: Regulating cannabis in Québec Saskatchewan 19+ Privately run retail stores, online sales Recreational cannabis use is prohibited in public spaces. Under the Occupational Health and Safety Act, every employer shall ensure, insofar as is reasonably practicable, the health, safety and welfare at work of all of the employer’s workers The Government of Saskatchewan is considering legislative changes to The Saskatchewan Employment Act and The Occupational Health and Safety Regulations, 1996 to more specifically include cannabis. Government of Saskatchewan: Saskatchewan's Cannabis Framework Northwest Territories 19+ Initially through government liquor stores (retail and mail-order) possibility of cannabis-only stores in the future Wherever tobacco use is prohibited, as well as in crowded places and parks frequented by children. Under the Occupational Health and Safety Regulations, as effective September 12, 2018, no worker shall enter or remain in a work site if they are impaired, and no employer shall permit them to do so. Government of NWT: Cannabis Legalization and Regulation Implementation Act Nunavut 19+ Initially through government run online sales, with possibility to license government and/or private retail in the future Wherever tobacco use is prohibited, as well as school grounds and other areas frequented by children Under the Occupational Health and Safety Regulations, as effective September 12, 2018, no worker shall enter or remain in a work site if they are impaired, and no employer shall permit them to do so. Nunavut: Cannabis Yukon 19+ Initially, public retail stores and online sales only, run by the Yukon Liquor Corporation. Preparing for private retail stores post-legalization. Recreational cannabis use is prohibited in public spaces. Under the Occupation Health and Safety Regulations, workers shall not enter, remain or be permitted to remain in a workplace while their ability to work may be affected by alcohol, drugs or other substances so as to endanger their health or safety or that of any other person. Yukon Liquor Corporation’s recreational cannabis information        

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