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Bill 174 Regulating Cannabis in Ontario Gets Second Reading

Nov 02, 2017

On November 2, 2017 the Province gave second reading to the Bill 174 which includes the Cannabis Act (the “Act”) which is intended to regulate the sale, distribution and use of cannabis for recreational purposes.  If enacted, the Act will prohibit sale and distribution of cannabis to persons under 19 years of age.  

Under the Act, cannabis cannot be consumed in a public place, workplace, vehicle, boat or any prescribed place.  In addition, no person shall drive or have care or control of a vehicle or a boat, whether or not it is in motion, while any cannabis is contained in the vehicle or boat.  With the exception of the two aforementioned prohibitions, the Act does not apply to medical marihuana.  The Act also prohibits landlords from knowingly permitting the use of premises for the sale or distribution of cannabis other than by the authorized Provincial retailer.

The penalty for illegal sale or distribution by an individual for a first offence is a maximum fine of $250,000 or a jail term of up to two years, less a day, or both.  A subsequent conviction may result in a fine of up to $100,000 per day for each part of a day that the offence continues or imprisonment for up to two years less a day, or both.

The penalty for illegal sale or distribution for a first offence by a corporation is a fine of at least $25,000 and not more than $1,000,000.  A subsequent conviction may result in a fine of at least $10,000 and not more than $500,000 each day or part of a day for which an offence continues.

Bill 174 would also enact the Ontario Cannabis Retail Corporation Act, repeal and replace the Smoke-Free Ontario Act and the Electronic Cigarettes Act and amend the Highway Traffic Act.

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Related Blog Posts: 

Access to Cannabis for Medical Purposes Regulations Now In ForceHealth Canada Issues Statement Regarding New Access to Cannabis for Medical Purposes RegulationsCity of Toronto Clamps Down on Medical Marihuana DispensariesFederal Court Strikes Down Marihuana for Medical Purposes RegulationsCity of Toronto Enacts Zoning By-laws to Regulate Medical Marihuana Production FacilitiesFederal Court Extends Marihuana Medical Access Regulations;  Marihuana for Medical Purposes Regulations: New Licensing Regime for Commercial Producers, Municipal Notification Requirements

Author(s): Peter Gross

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