Cannabis Laws: A Cannabis Lawyer Answers Your Questions
Looking to open a dispensary? A Cannabis Lawyer deals with the laws pertaining to regulating the usage, selling, and distribution of marijuana since it became legal in Canada on October 17, 2018.
Below are the answers to the most commonly asked questions regarding cannabis laws including: amounts and usage, penalty and enforcement, and licensing by a cannabis lawyer.
I. What are the cannabis laws regarding: Age, Amount, and Usage
- What is the legal age for possessing and using marijuana? 18 years
- How much cannabis are you legally allowed to possess in public? 30 grams dried cannabis or its equivalent in non dried form
- Can I share my cannabis with others? Yes, up to 30 grams
- Where am I allowed to purchase cannabis? Either online from federally licensed producers or from provincially regulated retailers
- Can I grow cannabis in my home? Yes, up to 4 cannabis plants for your personal use only.
- Are cannabis edibles and concentrates legal? Not at the moment. They will be legal for sale approximately one year after October 17, 2018, when the Cannabis Act came into force.
- Does the Cannabis law change anything for those who use medical cannabis? No, nothing has changed. The current regime for medical cannabis will continue to allow cannabis access to people who have been authorized to use it by their healthcare provider.
II. Enforcement: What is the penalty for violating cannabis laws?
- What is the penalty for selling cannabis to persons under the age of 18? The maximum penalty is 14 years in jail.
- What is the penalty for possession over the legal limit? If the amount is small, the penalty Is up to 5 years in jail.
- What if I take cannabis over the border to the U.S. Can I be prosecuted? Yes. You can be prosecuted by authorities in Canada and abroad even if it is cannabis used for medical purposes. The maximum penalty for taking cannabis across Canada’s borders is 14 years in jail.
- What is the penalty for promoting cannabis to persons under 18 years of age? The penalty includes a fine of up to $5 million or 3 years in jail.
- What is the penalty for driving under the influence of cannabis? You could face consequences like a fine, criminal charges or even jail time if you drive impaired by cannabis or other drugs. The penalty will depend on how much cannabis concentration is in your blood and whether it is your first, second, or third offence. The higher the concentration, the more severe the penalty.
III. Getting a License to Sell Cannabis
I want to sell cannabis or operate a dispensary. Do I need a license?
Yes, you need a license. You must get a licence from Health Canada in order to:
- grow cannabis for sale (on a large or small scale, or for starting materials (e.g., seeds and plants)
- make cannabis products (on a large or small scale)
- sell cannabis for medical purposes
- do testing of cannabis
- do research with cannabis
Do I need a cannabis lawyer to obtain a license?
No, you do not need a cannabis lawyer, but you probably will want to use one. The regulations are quite cumbersome and you will want to make sure that you’ve done everything correctly.
To download a copy of the Cannabis Licensing Guide, click here.
On September 26, 2018, the Ontario government announced its plan to introduce legislation named the Cannabis Licence Act, 2018 that will propose a licensed and regulated private retail model to sell marijuana in Ontario. As it stands, the Alcohol and Gaming Commission of Ontario will regulate the authorization to grant cannabis store licenses and enforce compliance. Interestingly, the proposed legislation will not cap the number of stores allowed to get provincial licences and licensed growers will be limited to one store each at an Ontario production site. As a result, the proposed legislation has drastically changed the large-scale retail plans of the largest companies and opened a window of opportunity for small business owners to actively compete for private cannabis retail market share.
Obtaining a Retail Dispensary Licence
We presently represent several proposed Cannabis dispensaries in Ontario seeking to obtain the combination of retail operator licence and retail store authorization, which combined permit the operation of a store front dispensary and sale of cannabis within the store.
The Cannabis Licence Act contains a number of restrictions in the types of persons or entities that can apply for and obtain a retail operator licence, as well as the issuance process. If you are interested in applying for a provincial licence to open a private cannabis retail store, our cannabis lawyers will prepare the dual applications to ensure the rules, guidelines and prohibitions relating to the licencing application are met.
Why Kalfa Law
Because we are cannabis lawyers & have cannabis partners. We not only incorporate your corporation, but we ensure your new business is established with an experienced corporate accountant who specializes in cannabis law. As cannabis lawyers, we practice Canadian cannabis laws. We structure your corporate entities to allow for flexibility to encompass a future sale or large scale investors. We connect you with our service providers in the financial industry to establish your corporate bank account, as most of the major financial institutions in Canada will refuse cannabis business at this point in time.
We have also assisted a publicly traded company in its acquisition of a Canadian cannabis corporation with proprietary rights to technology within the marijuana delivery process. We’ve prepared Cannabis technology and intellectual property licencing agreements and helped launch Cannabis R&D companies.
If you would like to speak with a cannabis lawyer about Cannabis law and how we can help establish your growth or dispensary business, contact us today.
Opening a dispensary? We’re here to help™
Kalfa Law is your cannabis lawyer. We will help you navigate the process of obtaining a marijuana dispensary license quickly and easily. For more information, contact us for a free consultation.
© Kalfa Law 2018
The above provides information of a general nature only. This does not constitute legal advice. All transactions or circumstances vary, and specified legal advice is required to meet your particular needs. If you have a legal question you should consult with a lawyer.