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Knowing the Rules

I am now sitting on a bench in an inner city river park with 10-grams of gifted home-grown cannabis in my pocket. 

I want to spark up. No big deal, right? 

 

Well, actually interpreting the lawfulness of this scenario requires critical thinking. Although receiving a gift of cannabis is lawful, with a few exceptions, it is actually unlawful to have unlabeled cannabis in my pocket. It becomes more problematic in some jurisdictions, such as Manitoba, where recreational home-grown cannabis is actually banned. You see, if challenged, I must not only explain the origin of the cannabis held on my person, I may also be fined for inappropriate consumption. Knowing the rules is important and also very confusing.

 

So let us start by defending this stash in my pocket. All legally packaged cannabis comes with a Canadian Cannabis Excise Stamp firmly adhered to the container. This government issued stamp will provide, “consumers, retailers and other stakeholders, as well as law enforcement, that cannabis duty and, where applicable, additional cannabis duty have been paid on the packaged cannabis products entered into the Canadian duty-paid market by a cannabis licensee.” There are a few exceptions, but technically all cannabis in my pocket should be properly labeled or a law enforcement officer can confiscate the product as being an illegal substance. So when following the rules, it is best for recreational cannabis consumers, to purchase cannabis from a properly licensed cannabis store or website. It is also best to keep the substance in the original container with the excise tax stamp prominently displayed.  Therefore, depending on the individual officer, it may be problematic trying to defend the gifted cannabis as being lawful. 

 

Now, let us change the scenario by saying I have legitimate cannabis with a Canadian Cannabis Excise Stamp firmly placed on the container. Can I consume it in the inner city river park? There are so many regional variables. In Manitoba there is one provincial regulation preventing any public consumption of recreational cannabis. So, not in Manitoba. In other provinces, each rural municipality, village, town or city has its own bylaws mandating consumption, so these rules change depending on your location within the province. It is important while visiting other jurisdictions, to know the rules, because we are expected to be informed before sparking up.

 

The differences between jurisdictions is far too confusing, especially for tourists. Upon arriving into Vancouver, we find designated cannabis smoking areas, yet while visiting the great outdoors, such as in our National Parks, cannabis is forbidden. There are more communities, disallowing public consumption of cannabis than not. It is safe to say, Canadians are encouraged to consume cannabis within our homes. Of course this presents barriers to those who rent, or are apartment dwellers, because building owners and managers are allowed to create policies on how cannabis is consumed on premise. I may have legal cannabis in my pocket, but it really depends on location, whether I can consume it or not. Quite frankly, there are very few places in which to enjoy your legal cannabis in this country. 

 

The rules surrounding cannabis consumption get more confusing when we add the medical consumers to the equation. Unlike recreational, medical cannabis consumers are allowed to grow their own cannabis in all provinces, and when using responsibility, they can consume it in public places. With this in mind, my suggestion is for all medical consumers to carry their medical licence around with them. 

 

Going back to the scenario above, I would say only a card carrying medical cannabis consumer, in any region, can carry 10-grams of home-grown cannabis in their pocket without the worry of having it confiscated.  This same individual can also sit back and responsibly enjoy the cannabis by the shores of the inner city river, without being hassled;  presumably. 

 

KN