Ontari s Apprach t Federal Cannabis Legalizatin
Ontari s Key Areas f Fcus Ontari s regulatry apprach will align with the federal gvernment s legislative framewrk (see Appendix fr further detail n federal Bill C-45). Ontari is cmmitted t a safe and sensible apprach t the federal legalizatin f cannabis that fcuses n: Prtecting yuth Maximizing public health and safety Reducing harm Eliminating the illegal market While Ontari will cntinue t cnsult n the decisins still t cme as we carefully mnitr the transitin t federal legalizatin, initial areas f fcus fr Ontari include: Minimum age Retail and distributin Enfrcement Places f use Public infrmatin and awareness Preventin and harm reductin Pssessin 2
Timelines The transitin t legalized cannabis will require a crdinated effrt acrss all levels f gvernment. In rder t meet the federal timeline fr legalizatin i.e. n later than July 2018, Ontari needs t make key decisins nw and will intrduce legislatin in Fall 2017. 3
Minimum Age ONTARIO S PROPOSED APPROACH: prhibit the sale f recreatinal cannabis t anyne under the age f 19. In Ontari, the minimum age fr the sale and supply f tbacc and alchl is 19. The prpsed federal Cannabis Act ( Bill C-45 ) creates criminal ffences fr selling r prviding cannabis t any persn under the age f 18. The federal gvernment has cmmunicated that prvinces and territries culd increase the minimum legal age fr sale, purchase and cnsumptin. Ontari s apprach strikes a balance between minimizing the health risks f cannabis use fr yung peple and the need t eliminate the illegal market fr cannabis. 4
Retail and Distributin Mdel ONTARIO S PROPOSED APPROACH: new stand-alne cannabis stres and an nline rder service wuld be perated by a new Crwn crpratin subsidiary t the Liqur Cntrl Bard f Ontari (LCBO). The apprach wuld meet the standards f cntrl and scial respnsibility that peple expect, while respnding t cnsumer demand and eliminating the illegal market. These decisins have been guided by Ontari s experience with the sale f alchl, input frm key public health experts and law enfrcement, and lessns learned frm ther jurisdictins. New stand-alne stres wuld ensure ur apprach is aligned with the Federal Task Frce s recmmendatin that there be n c-lcatin f alchl and cannabis. A new Crwn crpratin wuld have a subsidiary relatinship t the LCBO and wuld leverage the LCBO s experience in scially respnsible sales and peratinal expertise. 5
Ontari Legalizatin f Cannabis Secretariat Ministry f the Attrney General Retail and Distributin Structure There wuld be apprximately 150 stres by the end f 2020, and abut 40 by July 2018, and 80 stres by July 1, 2019 selling cannabis and cannabis related prducts, nt alchl. Stres wuld be cmplemented by a prvince-wide nline sales channel that wuld be launched by July 2018, with safeguards similar t LCBO nline sales (ID check at the dr upn delivery, signature requirements and n unattended packages). Stres and the nline channel wuld fully cmply with federal requirements that restrict advertising, d nt permit prducts visible t yuth, require a behind-the-cunter type f retail envirnment. Mandatry trained and knwledgeable staff wuld sell prducts in stres in a safe and scially respnsible manner, including age verificatin, s yuth access t the prduct is restricted and cnsumers have the infrmatin that they need. 6
Pssessin ONTARIO S PROPOSED APPROACH: prhibit individuals under the age f 19 frm pssessing r cnsuming recreatinal cannabis, which will allw plice t cnfiscate small amunts f cannabis frm yung peple. Under Bill C-45, adults culd legally pssess up t 30 grams f legal cannabis. Bill C-45 wuld als decriminalize yuth pssessin f up t 5 grams, while yuth pssessin f mre than 5 grams wuld be dealt with under the Yuth Criminal Justice Act. Ontari agrees that the prpsed federal adult pssessin limit strikes the right balance. Ontari is prpsing t create a prvincial ffence regime t prhibit yuth frm pssessing any amunt f cannabis that will fcus n preventin, diversin and harm reductin withut bringing yuth unnecessarily int cntact with the justice system. 7
Under this apprach, individuals wuld: Places f Use ONTARIO S PROPOSED APPROACH: create restrictins n recreatinal cannabis use that align with bth tbacc and alchl. Only be able t use recreatinal cannabis* in private residences. Nt be able t use recreatinal cannabis* in any public space, wrkplace and mtrized vehicle. Limited exemptins will be prvided fr medical cannabis use. Ontari currently has restrictins n where peple can use alchl and tbacc: Alchl: public cnsumptin is illegal unless in a licensed place Tbacc: smking r hlding f lit tbacc is prhibited in certain areas, including enclsed wrkplaces and public places and ther specified spaces in the Smke- Free Ontari Act. Ontari is prpsing t create prvincial ffences t prhibit places where recreatinal cannabis can be used. This will be guided by the prvincial experience with alchl and tbacc, and by public health (precautinary) principles which aim t prtect ur yuth, as well as the public frm secnd-hand smke and vapur. * Applies t all frms f recreatinal cannabis (smking, vaping, edibles and extracts) 8
Illegal Selling - Enfrcement Strategy ONTARIO S PROPOSED APPROACH: pursue a practive and crdinated law enfrcement apprach with federal and municipal partners, including a crdinated effrt t eliminate illegal strefrnt dispensaries acrss the prvince. Cannabis strefrnt dispensaries are currently illegal under federal law. Cannabis strefrnt dispensaries will be illegal under bth federal and prvincial law after recreatinal cannabis is legalized. A rbust enfrcement strategy will be required t supprt the implementatin f a prvincial apprach t cannabis legalizatin. Ontari is cnsidering the creatin f new ffences and tls in the prpsed prvincial cannabis legislatin that culd be used t address strefrnt dispensaries. 9
Public Infrmatin and Awareness ONTARIO S PROPOSED APPROACH: lead a prvince-wide public awareness campaign n areas f prvincial respnsibility, including age, where and hw t buy recreatinal cannabis, and prvincial drug-impaired driving measures. Ontarians (particularly yuth and yung adults) will be made aware f the measures that will be put in place t prtect public health and safety. The federal gvernment is leading and investing in a natinal public awareness campaign n the health risks f cannabis use and the dangers f cannabis-impaired driving. Ontari will wrk t supprt the federal gvernment s planned natinal public awareness campaign t prmte public heath, preventin and harm reductin. 10
Preventin and Harm Reductin ONTARIO PROPOSED APPROACH: develp cannabis preventin and harm reductin initiatives that fcus n awareness and educatin, preventin and harm reductin prgrams and services, and service prvider educatin and training. Preventin and harm reductin initiatives can help play a rle in preventing, delaying, reducing cannabis use. Ontari will wrk with key experts and stakehlders t infrm the develpment and delivery f cannabis preventin and harm reductin initiatives and align them with similar effrts carried ut by the federal gvernment. Initiatives will cnsider the unique needs f Indigenus cmmunities, yuth invlved in the justice system, thse living in rural/remte areas, racialized Ontarians, newcmers, and thse f lwer sci-ecnmic status. 11
Appendix - Federal Framewrk The prpsed federal Cannabis Act wuld establish the legislative framewrk fr cannabis, identifying permitted and prhibited activities. The prpsed act prvides fr: Federal regulatin and licensing f cannabis prducers; Prvincial respnsibility fr retail and distributin, prvided that minimum federal cnditins are met (e.g. sell nly legal prduct frm licensed prducers; n sales t yung persns; apprpriate recrd-keeping and adequate measures t prevent diversin t illegal market, n selfservice, N prduct display where yuth can view; and Restrictins n marketing / advertising); A minimum age f 18 fr pssessin and sharing f cannabis; and Public pssessin limit f 30 grams fr adults; and pssessin limit f five grams fr yuth. Cmmercial prductin f edible cannabis prducts will nt initially be authrized. The federal gvernment plans t bring its legislatin int frce by July 2018. Medical cannabis cntinues t be federally regulated. 12