Can you fly with weed in your luggage? Drive with pot in the car? Here’s a refresher on Canada’s Cannabis laws
Five years after cannabis legalization, federal and provincial laws still overlap and disconnect, sometimes causing confusion, legal experts warn.
Cannabis laws can be a difficult maze to navigate — especially as more Canadians use marijuana for the first time and increasingly spend more money on pot.
Cannabis use in Ontario has jumped since legalization from 1.5 million self-reported users to 2.8 million at the end of 2020, a close to 80 per cent jump in cannabis consumers, according to Statistics Canada.
Total household spending on cannabis crossed the $1.5 billion mark in the third quarter of 2020 and never looked back. In the second quarter of 2023, the most recent statistics from StatsCan, Canadians spent nearly $2 billion on both legal and illegal cannabis. Yet, a recently released federal review of the cannabis industry found that companies are struggling to maintain financial viability.
“Being unaware of the laws or the rules that apply to marijuana possession and consumption will never be a legal defence down the road,” Daniel Brown, a criminal defence lawyer, warned when talking to the Star about the intricacies of cannabis law. Because the federal Cannabis Act can be built upon with provincial regulations, Brown said it isn’t always clear what’s legal and what isn’t.
While charges under the Cannabis Act have been in decline since 2020, 475 people were charged in Ontario in 2022 with more than half of those occurring in Toronto.
“Even though it's legal to possess (marijuana), it's highly regulated and has some significant consequences to people who don't understand the laws completely or follow those laws,” Brown added.
After five years of cannabis legalization, it might be time for a quick reminder on what is, and isn’t, legal when smoking, consuming and carrying pot.
How old do I need to be to carry pot?
While the legal age to carry cannabis as set out in federal legislation is 18 years old, Ontario’s Cannabis Control Act raises the bar to 19 years old.
“So even if you're not breaking a criminal law by possessing marijuana when you're 18, you're breaching the Cannabis Control Act. And it's not a criminal sanction that flows from it — you can be fined and charged and asked to go through the Provincial offences Act process,” Brown explained.
How much weed can I carry on me?
Under the Cannabis Act, individuals can carry up to 30 grams of cannabis in public, and the same amount is the limit for the amount of pot that can be shared with other adults. The regulations also allow for conversions from one form of cannabis to the other, for example, one gram of dried cannabis is the equivalent to 15 grams of edible product, meaning the limit for carrying edibles is 450 grams.
Where can I smoke?
Cannabis can be smoked, vaped, or otherwise inhaled in the same places where individuals can smoke tobacco, meaning most public places, residences and other smoking-designated areas are cleared for toking.
There are exceptions for 20 metres from children’s playgrounds, 9 metres from patios, inside cars that are in motion, or other health care or child care spaces where cannabis can’t be consumed.
Brown also emphasized that the Good Samaritan Drug Overdose Act gives unique protections when calling for help when someone is overdosing.
“You can't be charged if you've broken the rules around possessing, consuming marijuana and someone is in medical a medical emergency,” Brown said. “There is an amnesty for the person who's involved to get them help without fearing that they will be charged.”
Can I drive with weed in the car?
While drivers can have pot in their car, there are very specific rules around how the marijuana is secured, Brown said. The cannabis has to be either in its original packaging and unopened or fastened and not readily available.
“(The marijuana) would have to be in a closed bag, perhaps in the truck of the car where it couldn’t be accessible to the driver of the motor vehicle while the car’s operating,” Brown recommended.
He added that police often use this provision of cannabis legislation to enact searches without a warrant, even for “a small amount of dried marijuana sprinkled somewhere.”
Defense lawyers, including Brown, have raised the issue before, arguing the Cannabis Control Act allows searches that violate charter rights.
Can I fly with weed?
Canadians can bring cannabis on board their flight, either on their carry-on or checked baggage, but only for domestic flights, according to the Canadian Air Transport Security Authority.
Leaving or entering the country with cannabis is illegal, even when going or coming from a country where cannabis is also legalized.
How should I store my edibles?
Following a string of hospitalizations after children had eaten cannabis edibles, Health Canada warned in 2020 that storing edibles in easily accessed locations can lead to accidental consumption. Between the beginning of legalization and April 2020, 15 kids under the age of 12 had adverse reactions after consuming cannabis through food or drink.
Health Canada recommends keeping edibles high and out of the reach of children, either in locked cupboards or childproof packaging, and also advises against edibles of more than 10 milligrams of THC per package to reduce the risk of accidental poisoning.
