Call Us 24/7 AT (416) 658-1818
As the recreational use of marihuana grows, it's important to note that marihuana remains a controlled substance, prohibited under the Controlled Drug and Substances Act. Possessing and selling marihuana for non-medical purposes is still illegal everywhere in Canada. Marihuana dispensaries are likewise not licensed by Health Canada and, under the current law, are also considered illegal.
The federal government and law enforcement justify their stance against dispensaries on the grounds that the marihuana in dispensaries might be supplied by illegal growers and the marihuana sold could be untested, unregulated, and unsafe for users. Growing marihuana at home for purposes like recreational or commercial use, with the sole exception of medicinal purposes, is against the law.
If you're facing charges related to drug offences, including possession, distribution, or cultivation, it's imperative to seek immediate legal assistance from a drug offence lawyer who can provide expert advice and representation.
As of 2016, the Access to Cannabis for Medical Purposes Regulations (ACMPR) allows individuals who have been authorized by their doctor to register with Health Canada to produce a limited amount of marihuana for their own medical purposes. However, the production of marihuana plants can only begin once you receive a Health Canada registration certificate.
The daily dosage varies remarkably per person and determines the number of cannabis plants allowable for government-licensed personal cultivation and medical use. In general terms, every gram of dried marihuana authorized results in the production of five plants indoors or two plants outdoors.
There are numerous calculators available online that determine how many plants can be grown at home based on medical daily dosages. It is essential to operate within the limits set out in your registration certificate and abide by your maximum plant limit, your maximum storage limit, and your maximum possession limit.
You are only authorized to produce a limited amount of marihuana for your own medical purposes and it is forbidden to share or provide it to anyone else. Under the ACMPR, it is your responsibility to ensure that all marihuana plants or cannabis products in your possession for medical purposes are safe, secure, and inaccessible to others.
When it comes to growing cannabis plants indoors, ensuring there is enough ventilation to remove excess moisture and humidity is crucial to prevent mold from accumulating on your plants or in the building. If you decide to make structural changes to your home or alterations to your electrical system, you are advised to seek guidance from a licensed professional to make sure you are compliant with municipal and provincial/territorial building codes.
Under the ACMPR, if you are producing outdoors, the land where you are authorized to produce should not share any boundary points with the land where a school, public playground, or other public place frequently visited by persons under 18 years of age is located. For the security of your production area, you might want to consider installing a tall fence with a locking gate or an alarm system.
As it pertains to storing marihuana, installing locks on the doors to all areas where you produce or store cannabis is a good idea. If there are children in your home, it's also important to ensure that cannabis and cannabis products are safely stored in childproof containers to avert accidental ingestion.
As per the current marihuana laws, these regulations may change if the much-anticipated Cannabis Act is passed under the Liberal Government with a target date of July 2018. The proposed Cannabis Act would create a strict legal framework for controlling the production, distribution, sale, and possession of cannabis across Canada. This new act aims to restrict youth access to marihuana, protect young people from promotions or enticements to use marihuana and deter and reduce criminal activity through serious criminal penalties for law-breakers.
Furthermore, it seeks to protect public health via strict product safety and quality requirements, reduce the burden on the criminal justice system, provide for the legal production of cannabis to reduce illegal activities, permit adults to possess and access regulated, quality-controlled legal marihuana, and enhance public awareness of the health risks associated with marihuana.
Should the Cannabis Act become law by July 2018, adults aged 18 years or older would be able to legally possess up to 30 grams of legal dried cannabis or its equivalent in non-dried form. They would be able to share up to 30 grams of legal cannabis with other adults and purchase dried or fresh cannabis and cannabis oil from a provincially licensed retailer.
In provinces that have not yet established a regulated retail framework or choose not to do so, individuals would be able to purchase cannabis online from a federally licensed producer. They could also grow up to 4 cannabis plants per residence for personal use from licensed seed or seedlings and make cannabis products, such as food and drinks at home, provided that organic solvents are not used.
The federal government’s responsibilities would also encompass setting strict requirements for producers who grow cannabis, standardized serving sizes and potency, prohibiting the use of certain ingredients, and ensuring good production practices.
Moreover, provinces and territories could lower the personal possession limit in their jurisdiction and create additional rules for growing cannabis at home, such as reducing the number of plants per residence. Despite these proposed changes, it's important to note that cannabis will remain illegal as the bill moves through the legislative process. The current program for accessing cannabis for medical purposes would continue under the new Act. If you have been charged with a criminal offence, Kostman and Pyzer, Barristers are available for a free consultation.
