The Cannabis Act, once in force, prescribes a number of limitations regarding the personal cultivation and consumption of marijuana in Canada. For example, the Act permits anyone over the age of 18 to consume cannabis and permits each household to grow up to 4 cannabis plants for personal use. However, the legislation also permits each Province to raise the minimum age of consumption or to further restrict how much cannabis can be grown for personal use.
Some of the other key questions regarding personal growth and use of marijuana are:
- Where can you legally purchase materials and seeds to begin cultivating your own plants?
- Where can you grow your plants on your property?
- Are there height restrictions for plants?
- Can you transfer cultivation to another individual?
To answer some of these questions, the Government of Canada has provided a Q & A section to their website, addressing FAQs surrounding personal cultivation. For example, if you wish to purchase your own seeds and materials to cultivate your own cannabis plants, you must acquire the proper materials and seeds from a "provincially or territorially regulated retailer or...federally licensed producer." In addition, if you are unable to cultivate your own plants, you will only be eligible to transfer the cultivation to another person if you "have been authorized by your healthcare practitioner to use cannabis for medical purposes...[and] are unable to cultivate your own cannabis." In all other cases, you must cultivate your own plants that you wish to grow for personal use.
Each province and territory has been working hard over the past year to prepare for the legalization of cannabis, and as of December 2017, they've made some progress. Below is a summary of many of the local proposals which have been announced so far:
B.C.
Age of Consumption: 19
Sale and Distribution: Public and Private Stores (retailers must purchase supply from government regulated wholesale distribution system)
Alberta
Age of Consumption: 18
Sale and Distribution: Private operators (must only sell cannabis and cannabis-related products). Online sales will be controlled by the province.
Saskatchewan
Held a public consultation and will introduce legislation after their review.
Manitoba
Age of Consumption: 19
Sale and Distribution: Manitoba Liquor and Lotteries will regulate the sale of cannabis (municipal governments are given the option to ban sales by referendum)
Personal Cultivation: Prohibited
Ontario
Age of Consumption: 19
Sale and Distribution: 150 LCBO-run stores and online sales
Personal Cultivation: Up to 4 plants per household
Possession: 30 grams for an adult and up to five grams for a youth
Consumption: Have banned the consumption of cannabis in public spaces and workplaces
– There is a zero tolerance policy for drivers
Quebec
Age of Consumption: 18
Sale and Distribution: Through provincially run liquor board (opening 15 stores) and controls online sales
Personal Cultivation: Prohibited
Possession: Prohibited for an adult to possess, in a place other than a public place more than 150 grams
Consumption: Must be consumed in the same places as tobacco. Prohibited on university and CEGEP grounds
– There will be a zero tolerance for drivers
New Brunswick
Age of Consumption: 19
Sale and Distribution: Will be sold by a subsidiary of the province's liquor commission
– Will require any cannabis in households to be locked up
P.E.I.
Age of Consumption: 19
Sale and Distribution: Outlets run by the liquor commission and allow online sales
Consumption: Restricted to private residences
Nova Scotia
Age of Consumption: 19
Sale and Distribution: Alongside alcohol in provincial liquor stores and sold online.
Personal Cultivation: Up to 4 personal plants
Possession: 30 grams a person
– Establishing provincial penalties for youth possession up to 5 grams
Newfoundland & Labrador
Age of Consumption: 19
Sale and Distribution: Crown-owned liquor corporation will oversee sale and distribution to private retailers
Consumption: Restricted to private residences
Yukon
Age of Consumption: 19
Personal Cultivation: 4 plants per household
Sale and Distribution: controlled by the government and done by government outlets
Possession: Limited to 30 grams
Northwest Territories
– Has been holding consultations with communities in person and online.
Nunavut
– Holding consultations with the public to develop policy and legislative options.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
