Weed Legalization

The use of recreational cannabis in Canada was legalized several years ago, but many people remain unaware of what is safe and what is against the law. Meanwhile, the Canadian Cannabis Act sets up specific rules related to buying, selling, consuming, possessing, or growing pot in Canada, further modified by the provincial, territorial, and municipal regulations.

Using cannabis in Canada in violation of the Cannabis Act is a criminal offence punishable under the Criminal Code, calling for the involvement of an experienced drug offence lawyer. Each province has their own restrictions as to the legal age to buy, possess, and consume cannabis, including zero tolerance for cannabis-impaired driving. The are many other rules for legal weed, smoking marijuana in public, growing pot, access to cannabis for medical purposes, and other aspects of cannabis use in Canada.

Rules Around Legal Weed Vary from Province to Province: Laws in Your Area

Cannabis growing, use, and sales in Canada are regulated by federal law. Meanwhile, provinces and territories each have their own set of restrictions, and it is each person’s responsibility to know what is legal in their province or territory. It is always advisable to consult with a drug lawyer or check the provincial or territorial website for more details on provincial restrictions for cannabis use.

Both use and distribution of cannabis in Ontario are regulated by the Cannabis Act 2017. Unlike federal requirements of setting the legal age at 18, provincial law in Ontario defines the legal age as 19 years.

In Ontario, it is legal to buy dried cannabis or cannabis products in private licensed brick-and-mortar stores or government-operated online store. Unlike some other provinces, there is currently only one online store selling cannabis products in Ontario.

Similar to most other provinces, adults in Ontario can buy, possess, and carry up to 30g of dried cannabis or its equivalent. The equivalents for dried, fresh, solid, and non-solid cannabis, as well as cannabis concentrates and seeds, are provided in Schedule 3 of the federal Cannabis Act. For public convenience, the government of Canada has published an online calculator on their website to calculate the limits for public possession of cannabis.

Legal Cannabis Products

In Canada, it is legal to buy several types of cannabis products, including edibles, extracts, and topicals.

Edible cannabis products can be either foods or drinks, such as weed gummies, THC (tetrahydrocannabinol) and CBD (cannabidiol) infused baked goods, lollipops, and other edible and drinkable choices infused with marijuana or filled with hash oil.

Cannabis extracts include concentrated THC and CBD liquid obtained from cannabis plants. These products include liquid for inhaling through vaping devices or ingesting in capsules.

Cannabis topicals include products applied on skin, hair or nails. These products come in various forms and include cannabis-infused shampoos, soaps, balms, oils, patches, lotions, and etc.

Right to Smoke Marijuana in Public

Provinces and territories have different rules for cannabis smoking in public. In Ontario, the smoking of cannabis is regulated by the Smoke-Free Ontario Act, 2017 (SFOA), including its updates and amendments.

With regard to public places in Ontario, it is legal to smoke and vape cannabis in:

  • many outdoor public places, such as sidewalks and parks,
  • designated guest rooms in hotels and similar accommodations,
  • controlled areas in retirement homes and similar facilities.

The list of prohibited places for smoking or vaping recreational and medical cannabis is much more extensive, and includes:

  • workplaces, including work vehicles,
  • indoor public places,
  • indoor common areas in residential and other buildings,
  • restaurants and bar patios, and within 9 metres of a patio,
  • outdoor areas of the Ontario government office buildings,
  • playgrounds, sporting areas (excluding private golf courses), and spaces within 20 metres of those areas,
  • hospitals and outdoor grounds of hospitals, and within 9 metres of hospital entrance,
  • community recreational grounds or within 20 metres of those grounds,
  • schools, school grounds, and within 20 metres of those grounds,
  • vehicles and boat being driven or that will be driven,
  • sheltered outdoor areas with more than two walls and a roof frequented by the public (for example, a bus stop).

What Can I Take While Traveling?

It is allowed to possess up to 30g of dried cannabis or its equivalent while travelling within Canada. Meanwhile, travellers should observe minimum age requirements for cannabis use in each province and territory in Canada they are in.

It is illegal to bring cannabis when crossing the Canadian border, including for medical purposes, whether you are entering or leaving the country. It should also be remembered that previous use of cannabis could pose the risk of being denied entry into the United States.

Rules Around Driving

It is a proven fact that the use of cannabis impairs the ability to operate a vehicle, affecting reaction, judgement, and coordination. The effects of cannabis can vary, and there is no standard waiting time before it is safe to drive.

According to the Criminal Law of Canada, there are three different criminal offences related to cannabis-impaired driving:

  • driving with 2 nanograms (ng) to 5ng of THC per ml of blood
  • driving with more than 5ng of THC per ml of blood
  • driving with a combination of above 2.5ng of THC and more than 50mg of alcohol per ml of blood

The penalties for the above offences start from a fine of up to $1,000. In the absence of bodily harm, the penalties can also include mandatory minimum imprisonment sentences up to 120 days and imprisonment up to 5 years.

If drug-impaired driving has resulted in bodily harm, the driver faces up to 10 years of imprisonment. Meanwhile, drug-induced accidents causing death can result in life imprisonment.

It should be remembered that different provinces can maintain local restrictions, so it is advisable to check for provincial drugged driving laws or consult with a lawyer for drug cases. For example, Ontario has zero-tolerance for young drivers who are 21 or under, novice drivers, and commercial drivers.

Growing Cannabis

According to the Cannabis Act, adult Canadians can grow up to four cannabis plants per residence for their personal use. The seeds must be purchased from authorized stores in quantities not exceeding the allowed limits.

If you are contemplating whether or not to grow cannabis in your rented residence, be sure to consult with your lease agreement and discuss it with your landlord. Even though growing cannabis for personal use is legal, landlords can set up rules forbidding tenants from a growing pot in their homes.

Access for Cannabis for Medical Purposes

Patients who have been authorized to use cannabis for medical reasons by their health care professional have the same access rights as before the legalization of recreational cannabis. They can purchase medical cannabis from a federally licensed producer online, by written order, or over the phone.

Such individuals can also designate someone else to grow cannabis on their behalf or receive a license from Health Canada to grow on their own. Unlike those who grow cannabis for recreational purposes and are limited by four plants per household, medical patients can grow more plants under a personal production license. Meanwhile, it is worth remembering that the rules for smoking medical cannabis are similar to those for recreational cannabis in Ontario.

Cannabis legalization in Canada does not mean that individuals are now free to buy, sell, possess, or carry cannabis in any quantity or consume it everywhere they want. It also doesn’t make Canadians exempt from the rules applied by the U.S. Border Patrol, which means that any Canadian admitting that they have ever smoked legal weed in Canada can be denied entry in the United States.

These rules for possessing, consuming, buying, selling, and growing recreational and medical cannabis in Canada are valid on the date of publishing this report. If you have other questions, need a consultation on your particular situation, or are facing drug charges in Canada, please do not hesitate to contact Toronto-based drug case lawyers from Vilkhov Law as early as possible.

By |2022-02-23T15:20:42+00:00January 11th, 2022|Drug Charges|

5/5 - (3 votes)

Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Excellent5.0 Based on 165 reviews fromAmirreza AmirrezaAmirreza Amirreza ★★★★★ Very happy with the service.He helped me a lot for a case which my ex-wife was setting me up for.Fair price, responsiveSasan FaghihSasan Faghih ★★★★★ Quite happy with the service, responsive, took care of my matter effectively.PetruPetru ★★★★★ ⭐️⭐️⭐️⭐️⭐️Vilkhov Law Professional Corporation – Igor VilkhovI’m very grateful to Igor Vilkhov for helping me through a difficult and stressful situation. I was falsely accused of a criminal offense involving a weapon, and thanks to Igor’s professionalism, knowledge, and dedication, everything was handled properly and the matter was resolved.He was always calm, clear, and supportive, which made a big difference during such a challenging time. I highly recommend Vilkhov Law to anyone who needs strong, trustworthy legal help.Thank you again, Igor!GhostGhost ★★★★★ Thank you so much to Igor. V, Daniel. S and especially Ecem. K.They are the best lawyers in Toronto. I had many cases and they all got resolved better then I expected. I'm so happy to have chosen Vilkhov Law Firm to represent me. I highly recommend. They will be my lawyer for the rest of my life. This is the GOLDEN TICKET LAWYER TO FREEDOM.Zahra Heidarian YavandZahra Heidarian Yavand ★★★★★ 🌟🌟🌟🌟🌟I had an outstanding experience working withIgor Vilkhov . From the very beginning, they were incredibly professional, dedicated, and attentive. They handled my case with the utmost care and expertise, and thanks to their hard work, we achieved a favorable outcome.They were always accessible and took the time to explain every step of the process in a way that eased my anxiety. I truly appreciated their patience, empathy, and responsiveness—they never made me feel alone in the process.What really stood out was their commitment to detail and how thoroughly they followed up on every aspect of the case. I could tell they genuinely cared about helping me, not just as a client, but as a person.I highly recommend Igor Vilkhov to anyone seeking legal support. They go above and beyond and deliver results with integrity and compassion.Thank you again for everything!Sean MacNeilSean MacNeil ★★★★★ I cannot recommend Igor's Law Firm highly enough! From start to finish, they took care of absolutely everything, making a stressful situation feel manageable. They ensured I was thoroughly prepared for every step, patiently explaining the process and what to expect.What truly sets this firm apart is Igor's uncanny ability to pick the right people for the right moment. This meant I never had to worry about his judgment; my faith in him and his team was incredibly well placed.When it came to my case, they didn't hesitate to take it on and provided invaluable support leading up to and during the actual court date. My representation on the day, Jackie, was beyond prepared – exactly the kind of sharp, knowledgeable lawyer you want fiercely advocating for you. Her meticulous preparation and strategic thinking were truly impressive.Behind the scenes, Daniel was instrumental in facilitating the flow of information, making sure everything got to the right people efficiently. And a huge shoutout to Joel for his incredible ability to recall and pull relevant, even obscure, case law at precisely the right moment – a testament to his deep expertise.The entire team at Igor's Law Firm operates with professionalism, dedication, and a genuine commitment to their clients. If you're looking for a legal team that truly has your back, look no further.Elijah L.Elijah L. ★★★★★ I had a great experience working with Attorney Igor Vilkhov and his law clerk Daniel Slobodkin. I am an attorney for criminal law and administrative law in California. They previously represented a client of mine about 2 years ago in a serious criminal matter. Thanks to their excellent advocacy and hard work, the charges were withdrawn by the court due to no reasonable prospect of conviction. Their hard work helped bring about a just outcome and absolve my client of the charges.Recently this month, I (as well as my client’s separate firm) needed access to my client’s past criminal case materials for another administrative matter. Mr. Vilkhov and Mr. Slobodkin were extremely helpful and professional in providing the necessary documents and court transcripts. Their prompt assistance and continued support, even years after the case concluded, truly stood out. Mr. Vilkhov was very professional and courteous and his law clerk Daniel was incredibly helpful and friendly, especially toward my client. Daniel also assisted me with filling out the court transcript order form since I am not too familiar with the Canadian court process, titles, numbers or labels.Their professionalism, responsiveness, and dedication to their clients are commendable, even years after my client’s case was concluded. I highly recommend Igor Vilkhov and Daniel Slobodkin to anyone in need of skilled and trustworthy legal representation in criminal defense.Lucia GurzauLucia Gurzau ★★★★★ I had an outstanding experience working with Igor Vilkhov. From our first consultation to the final resolution of my case, they demonstrated exceptional professionalism, deep legal knowledge, and genuine care for my situation. They communicated clearly, responded promptly, and always kept me informed throughout the process. Thanks to their dedication and expertise, we achieved a successful outcome. I highly recommend Igor Vilkhov to anyone in need of reliable and effective legal representation.BillyBilly ★★★★★ Igor is an unreal lawyer to say the least. Igor is a skilled attorney that is personable and reasonable. He was kind enough to explain the process and got me the results I needed. Would absolutely recommend him, excellent criminal lawyer.Ken ThamKen Tham ★★★★★ I cannot express how wonderful it was to work with and be represented by Igor and his team. Right from the start, Igor showed he cared - by listening, showing compassion and empathy for my situation, yet being fully transparent and honest about the process. He answered any and all of my questions and made me feel very secure and at ease. I got the result I wanted and Igor was true to his word in how things would play out. I would not hesitate to call upon Igor again, if needed, and would certainly recommend him. Thanks Igor!B KhanB Khan ★★★★★ Randy RaczRandy Racz ★★★★★ Lucas DeanLucas Dean ★★★★★ Incredibly talented and hard working team of lawyers in all of Ontario, and possibly the country. I cannot properly convey how extraordinary the team at Vilkhov law is. Igor was always willing to take my calls and alleviate my concerns. Joel and Jackie did tremendous work on my trial and spent countless hours working to ensure I was properly prepared for anything.I spent 6 months incarcerated at Toronto South Detention and Igor and his team were always willing to take my calls and even visited me while I was in jail.I am happy to state that I was acquitted of the most serious charges, and received a discharge for the lesser charges. My matters will be finalized shortly and I cannot wait to be free to live my life once more.To Igor, Joel, Jacklyn, and Daniel:Thank you for everything. I wish you all the very best in your pursuits and I will be sure to recommend you as often as possible.Mukesh SethiMukesh Sethi ★★★★★ Igor, provided exceptional legal representation, demonstrating expertise, professionalism, and dedication throughout my case. His strategic approach and deep understanding of criminal law led to a favourable outcome. I highly recommend Igor to anyone in need of a skilled and reliable criminal defence attorney.matthew jmatthew j ★★★★★ I was charged for the very serious offence Igor and his team got me Got my charges acquitted and I was free after 31 months, including a trial, Igor and his team are wonderful at what they do. Highly recommend couldn’t thank Igor enough.Joe OroszJoe Orosz ★★★★★ Igor did an amazing job. Was looking at 4 years 3 charges. Not guilty on all counts. I'd recommend him highly. He assured my freedom, he will do the same for you.Mehboob PatelMehboob Patel ★★★★★ E ME M ★★★★★ Igor is, without a doubt, one of the top lawyers in the country. When I approached him with my case, I was uncertain about the outcome. However, Igor's exceptional support and guidance alleviated my concerns. He was always available to answer my questions, and his flexible payment plan was a huge relief.What impressed me most was Igor's unwavering confidence and commitment. He assured me that he never backs down from trials, and his reputation precedes him. This is what kept me at peace through out the case.Throughout the process, Igor handled my case with utmost professionalism, keeping me informed every step of the way. His office was incredibly helpful, providing regular updates and ensuring a seamless experience.I had 2 charges which have severe consequences but the outcome of my case exceeded my expectations, thanks to Igor's expertise and dedication. I couldn't recommend him more highly, especially for those facing criminal cases. Igor truly goes above and beyond, and his services are unparalleled.x NoVAx NoVA ★★★★★ Igor did amazing job, I was very stressed out when I found out I had been charged with SA but every step of the Igor was there for me and was looking out for my best interest. He was always responsive and kept me up to date with all updates given to him and directly to me, if he wasn’t available he always had someone update me. Got me off my charges and helped me save jail time. Igor is the guy you need if you’re involved in any sort of similar situationforrzen Sherzadforrzen Sherzad ★★★★★ Dear Igor, I just wanted to take a moment to express my heartfelt gratitude for everything you’ve done for us. Your hard work and dedication in getting my husband released from jail mean the world to me. I’m so incredibly happy right now, and I truly believe you are the best lawyer ever!Your expertise and support throughout this process have been invaluable, and I can’t thank you enough. I will definitely be referring you to all my friends and family, and I’ll be leaving a 5-star review to share how amazing you are. Thank you again for everything! 🙏🏽🙏🏽🙏🏽🙏🏽❤️❤️❤️❤️❤️❤️ we are so grateful for you thank you so much Igor you saved Jerome life your are truly the greatest!!!Michie FedericoMichie Federico ★★★★★ Igor and his team were absolutely amazing in helping my daughter out with everything. There were easy to get a hold off and there work is absolutely amazing I highly recommend him and his team.Tony OhTony Oh ★★★★★ Absolutely exceptional! My lawyer provided unwavering support, professionalism, and expertise throughout my case. Igor guided me every step of the way, ensuring I felt heard and protected. I couldn’t have asked for a better advocate. Highly recommended!nnn nnnnnn nnn ★★★★★ I'm very glad that Igor Vilkhov was my lawyer in solving my difficult problems. He is a real high-class professional. Thanks to Igor and his team ( special thanks to Daniel Slobodsky). My case was successfully completed. Excellent professional work with positive results. Highest recommendations! Roman M.js_loader

CONTACT US

“Caring, honest, and highly knowledgeable.”

Contact Igor for a Free Consultation!

Please contact us online for a free consultation.
Go to Top