Smoking Cannabis in Public in Canada
In Canada, smoking cannabis is legal through the Cannabis Act. This act, effective as of October of 2018, controls the production, distribution and sale of cannabis. Due to this, smoking cannabis is legal, however, there are certain locations in which smoking cannabis is prohibited.
Where is smoking cannabis permitted In Ontario?
The Smoke-Free Ontario Act outlines where smoking cannabis is permitted. In order to partake in such, you must be 19 years old and can have a maximum of 30 grams of dried cannabis, equivalent to 1 ounce, in public. The permitted outdoor locations include:
- Private residences
- outdoor spaces such as sidewalks
- Smoking rooms
- Vehicles and boats that are not being driven
This means that one can smoke cannabis in any of these locations without facing legal consequences if they are abiding by the rules.
Where is smoking cannabis not allowed In Ontario?
Although cannabis is legal, there are many locations in which one is prohibited from smoking. Some of these locations include:
- Enclosed public and work places
- Common areas (condo, apartment, etc)
- Within 20 metres of schools and other places that children gather
- Within 9 metres of any hospital, hospice or other facilities such as psychiatric facilities
- Within 9 metres of restaurants or bar patios
- Within 20 metres of community recreational facilities
- Sheltered outdoor spaces such as a bus shelter
Smoking is prohibited in these areas. Not abiding by these laws can result in serious consequences.
Can the police arrest you for smoking cannabis in public?
The police cannot arrest you in Ontario if you are abiding by all the rules when smoking cannabis in a public location. However, if you fail to follow the law and smoke in a prohibited area, you may be charged with an offence. In addition, you may be fined $1,000 for the first offence and $5,000 for any further offences.
Our team at Collett Read LLP is here to provide expert guidance and support. If you are arrested for smoking cannabis in public, contact our office today at (905) 541-2228 or fill out a form for a free consultation.
