Cannabis is legal nationwide as of Oct. 17. By JACQUES GALLANT Legal Affairs Reporter. Toronto Star

Imminent legalization of the drug has led to numerous questions around how to buy it, where to smoke it and whether you can grow it at home.
 

The federal government, while fulfilling its long-standing promise to legalize weed, has also added tougher sanctions for driving while impaired.

 

And what about smoking pot in public? Will the provincial rules be the same in Toronto, or will the city impose further restrictions?

 

Your burning questions answered:

 

What is the legal age to possess and smoke pot in Ontario?

 

Federal law sets the age limit at 18 but also allows provinces and territories to raise that limit. In Ontario, the legal age will be 19, the same as the province’s laws on alcohol.

Where can I buy pot for recreational purposes?

 

As of Wednesday, the sole legal provider of weed for recreational purposes in the province is the Ontario Cannabis Store, and purchases can only be made online at ocs.ca. There will be a flat $5 delivery fee on purchases, which will be delivered by Canada Post between one and three business days after purchasing. A person with ID proving they are 19 or older will have to sign for the package.

 

How much pot can I buy from the OCS?

 

The OCS limits a transaction to 30 grams of dried cannabis, as federal law defines 30 grams as the maximum possession limit.

That said, nothing will prevent a buyer from making several orders a day on the OCS website, according to a briefing to reporters last week.

 
 

Can I still buy weed from dispensaries?

 

Not legally, for now. The OCS will be the only legal source for weed in the province as of Wednesday. However, the Ontario government announced in August that “strictly regulated” private retailers will be able to sell cannabis by April 1, 2019, while the OCS will remain the only wholesale distributor of weed for those private stores.

And while there may still be dispensaries selling weed between now and when the government passes a licensing framework next April, they will be operating outside the law and risk “severely escalating fines,” Finance Minister Vic Fedeli said in August. “We won’t want to do business with people running an illegal business,” he said.

 

What about growing cannabis at home?

 

Federal law outlines a legal limit of four plants per residential dwelling, which will also be permitted in Ontario, according to the OCS.

Condo bylaws can include restrictions relating to the cultivation of cannabis in a unit. As for apartment buildings, “landlords and tenants can agree to rules about the cultivation of cannabis in the rental unit in their lease or a separate agreement. However, in general, neither party can unilaterally impose a new term on the other,” said Brian Gray, spokesperson for the Ministry of the Attorney General.

 

Is it legal to buy edibles?

 

Weed edibles cannot be legally purchased as of Oct. 17. The federal government is aiming to legalize the products, which include chocolate bars, cookies and gummy bears, by fall 2019 following further consultations.

 

Do I still have to buy medical cannabis through Health Canada?

 

Yes, according to the OCS website. Health Canada, which maintains a list of licensed producers who can provide cannabis to registered buyers for medicinal purposes, said in September that it will review the medical marijuana delivery system within five years.

 

Where can I smoke cannabis? And where can I not smoke it?

 

According to the OCS, you can smoke in a private residential dwelling (which includes a porch or balcony), sidewalks and parks, similar to rules around cigarette smoking. But condo bylaws and lease agreements could include further restrictions to where an individual can smoke in a building, if at all.

There is a plethora of areas in which smoking weed will not be permitted under Ontario law, including inside most buildings such as workplaces, schools, restaurants and bars (including patios), children’s playgrounds and inside cars and boats that are being driven or “under a person’s care and control,” according to the Ministry of Health. Courts have held in the past that “care and control” can simply mean sitting in the driver’s seat of a car that’s running, but not moving.

 

Fines for violating the law will be a maximum of $1,000 for the first offence, and a maximum of $5,000 for subsequent offences.

 

The rules around smoking weed in public in Toronto will be slightly more lax than the rules around smoking tobacco, at least for now.

 

The city has not yet decided if it will impose further restrictions beyond the provincial rules on smoking weed in public, according to Toronto Public Health. The city already has further restrictions beyond the provincial law when it comes to smoking tobacco in public. For example, there is a parks bylaw that prohibits smoking cigarettes within a 9-metre radius of covered picnic shelters or gazebos and outdoor theatre spaces.

 

What about penalties for drug-impaired driving?

 

Penalties depend on a variety of factors, including the amount of THC — the active ingredient in cannabis — in the driver’s blood, whether it’s their first offence or whether they are also charged with causing bodily harm or death as a result of their driving. For example, a person charged for the first time with having 2 nanograms but less than 5 ng of THC per millilitre of blood faces a maximum $1,000 fine. The maximum punishment for causing death would be life in prison.

 

A full range of penalties can be found on the federal department of justice’s website: justice.gc.ca/eng/cj-jp/sidl-rlcfa/.

Jacques Gallant is a Toronto-based reporter covering legal affairs. Follow him on Twitter: @JacquesGallant

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