During Québec's most recent provincial elections in October 2018, François Legault, new premier and leader of the Coalition Avenir Québec, campaigned on a promise to raise the legal age for purchase and consumption of recreational cannabis in the province from 18 to 21. "It's dangerous, this product, for young people under 25 years old, so we have to make sure that we send the right message," Legault told the Montréal Gazette. At a recent campaign event he reiterated, "we shouldn't be trivializing youth cannabis use".
Legault has moved swiftly to enact his rhetoric into law: on December 5, 2018, Bill 2: An Act to tighten the regulation of cannabis ("Bill 2") was introduced to the National Assembly of Québec.
Bill 2 proposes a number of changes to the current laws governing cannabis, including the following:
- Raising the minimum age to buy or possess cannabis or to be admitted to a cannabis retail outlet in Québec from 18 to 21 years old;
- Prohibiting the possession of cannabis in the vicinity of colleges and universities (other than in university residences);
- Prohibiting the smoking of cannabis on public roads on the grounds of enclosed spaces where smoking is currently prohibited (subject to certain exceptions), and in "all outdoor places that are open to the public"; and
- Prohibiting the establishment of a cannabis retail outlet near colleges and universities.
Currently, with the exception of Québec and Alberta, all provinces and territories in Canada limit the possession or purchase of cannabis to persons 19 years or older.
Critics of the proposed Bill are concerned that increasing the legal age for purchase and consumption of cannabis will be counterproductive to the stated purpose of federal legislation, which is to preserve the cannabis market's integrity and ensure a safe supply of quality cannabis.
Bill 2 still requires examination at the National Assembly and must be given assent before coming into force. The government hopes to have the proposed law enacted by March 2019.
Dentons' analysis
If enacted into law in their current form, these amendments would further see Québec's cannabis regulations - already in some respects the most restrictive in Canada - become even less permissive. The minimum age would be the highest in the country, while the restrictions on smoking cannabis in public may leave renters whose landlords have prohibited it in their buildings with nowhere to smoke a legal substance. The ultimate consequence of the proposed changes may be to further incentive recourse to the black market, thereby undermining the stated intent of the federal government's legalization of cannabis.
Dentons' leading Cannabis group will continue to work closely with industry stakeholders and provide frequent insights on important developments. Our team regularly advises on all matters related to the Cannabis Act and Regulations to enable clients take advantage of the numerous opportunities that have developed, and will continue to develop, in this industry.
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