Cannabis and the law:
Understanding the New Canadian
Recreational Cannabis Regulations
The Cannabis Control and Licensing Act (CCLA) is guided by the Province’s priorities of protecting children and youth, promoting health and safety, keeping the criminal element out of cannabis, keeping B.C. roads safe, and supporting economic development.
Sets 19 as the provincial minimum age to purchase sell or consume cannabis;
Allows adults to possess up to 30 grams of cannabis in a public place;
Prohibits cannabis smoking and vaping everywhere tobacco smoking and vaping are prohibited, as well as at playgrounds, sports fields, skate parks, and other places where children commonly gather;
Prohibits the use of cannabis on school properties and in vehicles;
Authorizes adults to grow up to four cannabis plants per household, but the plants must not be visible from public spaces off the property, and home cultivation will be banned in homes used as day-cares;
Establishes a cannabis retail licensing regime similar to the current licensing regime for liquor;
Provides enforcement authority to deal with illegal sales;
Creates a number of provincial cannabis offences which may result in a fine ranging from $2,000 to $100,000, imprisonment of three to 12 months, or both; and
Where necessary, to comply with Charter Rights and human rights law, exemptions will provide to individuals who are federally authorized to purchase, possess and consume medical cannabis.
The CCLA also includes consequential amendments to various statutes, including:
Liquor Control and Licensing Act to ensure administrative consistency between that Act and the CCLA;
Residential Tenancy Act and Manufactured Home Park Tenancy Act to prohibit cannabis smoking under existing leases that prohibit smoking tobacco and to prohibit the personal cultivation of cannabis under existing leases, except for federally authorized medical cannabis. For new leases, the existing provisions of each Act that allow landlords and tenants to negotiate the terms of leases will apply;
Police Act to set provincial priorities for policing and require municipal police boards to take provincial priorities and the priorities of the municipal council into account as they develop their own priorities;
Community Safety Act to reflect that with legalization cannabis will no longer be a controlled substance under the federal Controlled Drugs and Substances Act;
Provincial Sales Tax Act to add a reference to cannabis in the definition of “small seller” consistent with liquor; and
Business Practices and Consumer Protection Act to recognize that the CCLA is a complete licensing scheme.
Cannabis Distribution Act (CDA)
As previously announced, the Province has decided that the Liquor Distribution Branch will be the wholesale distributor of non-medical cannabis in B.C. and will run provincial cannabis retail stores.
The Cannabis Distribution Act establishes
A public wholesale distribution monopoly; and
Public (government-run) retail sales, both in stores and online.
Motor Vehicle Act Amendments
B.C. has increased training for law enforcement and has toughened provincial regulations by amending the Motor Vehicle Act to give police more tools to remove drug-impaired drivers from the road and deter drug-affected driving, including:
A new 90-day Administrative Driving Prohibition (ADP) for any driver whom police reasonably believe operated a motor vehicle while affected by a drug or by a combination of a drug and alcohol, based on analysis of a bodily substance or an evaluation by a specially trained police drug recognition expert (DRE); and,
New drivers in the Graduated Licensing Program (GLP) will be subject to a zero-tolerance restriction for the presence of THC (the psycho active ingredient in cannabis).
Liquor and Cannabis Regulation Branch
The Liquor and Cannabis Regulation Branch (LCRB) will be responsible for licensing non-medical cannabis private stores and monitoring the non-medical cannabis retail sector. Visit LCRB’s non-medical cannabis retail licence page for information about becoming a non-medical cannabis retailer in B.C., as well as information updates.
The Liquor Distribution Branch (LDB) will be B.C.’s wholesale distributor of non-medical cannabis.
If you have any further questions regarding the
Province of British Columbia's Recreational Cannabis regulations,
please come in and speak with one of our
trained consultants or visit the B.C. government website.