Quebec’s Cannabis Regulations: 8 TakeawaysJesse B. StaniforthNovember 16, 2017
A crown corporation will be created to sell cannabis products on behalf of the Government of Quebec.
The purpose of the legislation, reads the text of Bill 157, is “to prevent and reduce cannabis harm in order to protect the health and security of the public and of young persons in particular. The Act also aims to ensure the preservation of the cannabis market’s integrity.” Certainly the law’s ability to do that will be up for debate, as critics are already attacking what they see as the legislation’s faults.
Here are eight of the most important factors introduced by Bill 157.
1. The legal age for consumption of cannabis in Quebec will be 18, which was previously semi-confirmed by Liberal government sources in late September. This is in line with the recommendation of the Canadian Pediatric Society, which acknowledges that THC can be harmful to a child’s brain development, but underlines that the brain develops much less between the ages of 18 and 21.
2. A crown corporation, the Société Québécoise du Cannabis (SQC), will be created to sell cannabis products on behalf of the Government of Quebec. The SQS will be administered as a subsidiary of the Société des Alcohols du Québec (SAQ), which distributes alcohol in the province. However, SAQ storefront outlets primarily sell wine and spirits, since lower-alcohol content beverages (beer, wine, and malt liquor products) are legal for sale in grocery stores and dépanneurs. The SQS will be the sole body permitted to sell cannabis products under law. It will also be the only organization allowed to buy, transport, and store cannabis from licensed commercial producers. No forms of cannabis will be approved for sale privately.
Quebec will begin by opening only 20 cannabis storefronts across the province.
3. Though Quebec has a population of 8.3-million, the SQC will begin by opening only 20 storefront locations across the province for the sale of cannabis. However, cannabis will also be available for sale online, provided that it is delivered by Canada Post and signed for by someone of legal age. By contrast, alcohol is available in 406 SAQ outlet locations across Quebec. Unlike SAQ outlets, the 20 SQC storefront locations will not allow minors to enter. No cannabis products in SQC will be accessible to customers without employees handing them over, and no cannabis products are to be made visible from outside the outlets. Each SQC outlet must install a sign on or close to its door including a warning from the Minister of Health “concerning the harmful effects of cannabis on health.”
4. While the law does not explicitly outlaw edible cannabis products (in fact acknowledging the possibility of “edible and non-edible” products being subject to government regulation), it does criminalize any attempt to modify the flavour, aroma, or colour of cannabis products. (Au revoir, flavored vape pens.)
5. Despite federal law allowing home-growing of up to four plants of no more than one metre in height, home-growing of cannabis for personal use will remain outlawed in Quebec, and all commercial growing of cannabis will remain illegal except in companies licensed by the government.
Smoking cannabis will be legal in palliative care hospices with designated smoking areas.
6. Smoking or vaping cannabis will be illegal wherever smoking tobacco is illegal under Quebec law, limiting cannabis consumption more or less to private homes, as well as unenclosed public parks. Also off-limits are obvious locations such as schools and child-care facilities, as well as pubs, taverns, bars, bingo halls, and “enclosed spaces where sports, cultural or artistic activities, or similar activities are held.” However, smoking or vaping cannabis will be legal in palliative care hospices with designated smoking areas. Fines for smoking or vaping cannabis in “an enclosed space” other than a private residence will range from $500 to $1,500, while fines for those who do so in an enclosed space that is also an educational institution or child-care facility will range from $750 to $2,250.
7. There will be “zero tolerance” for driving under the influence of cannabis. Police will be able to take saliva samples from drivers and potentially impound vehicles for up to 90 days if any presence of cannabis or other drugs is detected in drivers’ saliva. However, there is no ready means available to measure blood-cannabis levels, and recent studies suggest no reliable means exist for exact measures of cannabis intoxication such as are available for alcohol.
Quebec repeated its demand to the federal government to delay the deadline for cannabis legislation at least one more year.
8. On Wednesday, in the leadup to tabling Quebec’s cannabis legislation, the Liberal government of Premier Philippe Couillard repeated its demand to the federal government to delay the deadline for cannabis legislation at least one more year. Health Minister Lucie Charlebois and Finance Minister Carlos Leitao declared that the provincial government would not accept a 50/50 split of cannabis tax revenues with the federal government, and Charlebois argued the two governments needed more time to figure out how to divide cannabis tax revenues. Ottawa previously ignored a similar request by the Quebec government in June.