The Cannabis Act came into force on October 17, 2018 and governs the federal legalization and regulation of adult-use cannabis in Canada. However, the provinces and territories have responsibility for several areas of regulation, including retail and distribution within their respective jurisdictions. A brief summary of each provincial and territorial approach is set out below. In addition, municipalities may add another layer of regulation in respect of retail locations and rules or business licence requirements.
Regulation of retail cannabis operations (brick and mortar)
- Retail Model: While private retail will be permissible in the Territories (Yukon, Northwest Territories, Nunavut), currently only government-operated retail is available in the Yukon and Northwest Territories while only online-sale is available in Nunavut.
- Online Sales: Only Saskatchewan, Manitoba and Nunavut permit privately-operated online sales.
- Wholesale & Distribution: Government-operated in every province and territory with the exception of Saskatchewan.
Cannabis legislative summary – Canada
For an overview of the applicable provincial legislation and regulatory regimes, click on a province or territory. The overview covers legislation, regulations, retail model (bricks and mortar), online sales, distribution and wholesale, use and consumption (including minimum age, consumption, grow your own).
Legislation
Regulations
Retail model (i.e., operation /ownership of brick-and-mortar retail outlets.)
- Hybrid.
- Government operated stores and privately operated stores.
Online sales
Distribution/Wholesale (i.e., from Licensed Producer to retail store.)
- Government (via BC Liquor Distribution Branch).
Minimum age
Consumption
- Prohibited in cars, areas frequented by children and wherever tobacco is restricted.
Grow your own
- Up to four plants, out of public sight.
Legislation
Regulations
Retail model (i.e., operation /ownership of brick-and-mortar retail outlets.)
Online sales
Distribution/Wholesale (i.e., from Licensed Producer to retail store.)
Minimum age
Consumption
- Prohibited in cars, areas frequented by children and wherever tobacco is restricted.
Grow your own
- Up to four plants, subject to landlord restrictions.
Legislation
Regulations
Retail model (i.e., operation /ownership of brick-and-mortar retail outlets.)
Online sales
Distribution/Wholesale (i.e., from Licensed Producer to retail store.)
- Private (regulated by SLGA).
Minimum age
Consumption
- Only on private property in private residences. Restricted use around minors.
Grow your own
- Up to four plants, subject to landlord restrictions.
Legislation
Regulations
Retail model (i.e., operation /ownership of brick-and-mortar retail outlets.)
Online sales
- Private. As of October 17, Delta 9 is the province’s only online adult-use retailer. Delta9 has partnered with Pineapple Express delivery service and is promising same-day delivery for orders in Winnipeg.
Distribution/Wholesale (i.e., from Licensed Producer to retail store.)
- Government (via Manitoba Liquor and Lotteries Corporation (MLLC)) and MLLC licensees.
Minimum age
Consumption
- Only in private residences.
Grow your own
Legislation
Regulations
Retail model (i.e., operation /ownership of brick-and-mortar retail outlets.)
Online sales
- Government operated (Shopify platform).
Distribution/Wholesale (i.e., from Licensed Producer to retail store.)
- Government (via Ontario Cannabis Retail Corp.).
Minimum age
Consumption
- Only where tobacco may be smoked, subject to landlord restrictions.
Grow your own
Legislation
- Cannabis Regulation Act
- [Proposed: Bill 2: An Act to tighten the regulation of cannabis (Status: Adoption in principle, debate adjourned)]
Regulations
Retail model (i.e., operation /ownership of brick-and-mortar retail outlets.)
Online sales
Distribution/Wholesale (i.e., from Licensed Producer to retail store.)
Minimum age
- 18 - Newly elected CAQ party has pledged to raise to 21 – Bill 2 tabled, not yet passed.
Consumption
- Only where tobacco may be smoked, with the exception of university campuses.
Grow your own
Legislation
Regulations
Retail model (i.e., operation /ownership of brick-and-mortar retail outlets.)
Online sales
Distribution/Wholesale(i.e., from Licensed Producer to retail store.)
Minimum age
Consumption
- Only on private property and in private residences.
Grow your own
Legislation
Regulations
Retail model (i.e., operation /ownership of brick-and-mortar retail outlets.)
Online sales
Distribution/Wholesale (i.e., from Licensed Producer to retail store.)
Minimum age
Consumption
- Only where tobacco may be smoked, subject to landlord restrictions.
Grow your own
Legislation
Regulations
Retail model (i.e., operation /ownership of brick-and-mortar retail outlets.)
Online sales
Distribution/Wholesale (i.e., from Licensed Producer to retail store.)
Minimum age
Consumption
- Only on private residences, with some exceptions for certain public spaces.
Grow your own
Legislation
Regulations
Retail model (i.e., operation /ownership of brick-and-mortar retail outlets.)
Online sales
Distribution/Wholesale (i.e., from Licensed Producer to retail store.)
Minimum age
19
Consumption
- Only on private property and in private residences.
Grow your own
Legislation
Regulations
Retail model (i.e., operation/ownership of brick-and-mortar retail outlets.)
Online sales
- Government operated (Shopify platform).
Distribution/Wholesale (i.e., from Licensed Producer to retail store.)
- Government (via Yukon Liquor Corp.).
Minimum age
Consumption
- Only on private property and in private residences, subject to landlord restrictions.
Grow your own
- Up to four plants, out of public site.
Legislation
Regulations
Retail model (i.e., operation /ownership of brick-and-mortar retail outlets.)
- Government operated
- Government operated stores (NWT Liquor stores). Privately operated stores contemplated for future.
Online sales
Distribution/Wholesale (i.e., from Licensed Producer to retail store.)
Minimum age
Consumption
- On private property and in private residences. Smoking will also be allowed on trails, highways, streets, roads and in parks when they are not in use for public events.
Grow your own
Legislation
Regulations
Retail model (i.e., operation /ownership of brick-and-mortar retail outlets.)
- Hybrid.
- Government operated stores and privately operated stores to be opened however currently only online sale available. Only online retail available initially, through Tweed (delivery not available yet).
Online sales
- Government and privately operated.
Distribution/Wholesale (i.e., from Licensed Producer to retail store.)
Minimum age
Consumption
- Not permitted in public places, other than a designated cannabis lounge or permitted event.
Grow your own
- Currently not banned however prov. gov. will regulate whether or not plants can be grown at home in the future.
Division of Roles & Responsibilities
| Activity |
Federal |
Provincial |
Municipal |
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Possession limits
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Trafficking
-
Advertising & packaging
-
Medical cannabis
-
Tracking system (seed-to-sale)
-
Production (cultivation and processing)
-
Distribution and Wholesale
-
Retail model
-
Retail location and rules
-
Regulatory compliance
-
Land use/zoning
-
Taxation
|
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|
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The above information is current as of May 29, 2019.
The information presented above provides general information only and does not constitute legal or other professional advice. Specific advice should be sought in connection with your circumstances. For more information, please contact our Cannabis expertise group.