A Primer on Cannabis Legalization in Saskatchewan
Like it or not, Canada is legalizing the possession, cultivation and sale of cannabis on October 17th, 2018. While I have written a previous article on the potential economic benefit to Saskatchewan (https://industrywestmagazine.com/risk/cannabis-may-be-saskatchewans-next-cash-crop/), this article will focus on the regulations that apply to the individual. We will go through this in FAQ form. Keep in mind, I am hitting the ‘high’ points in this article, and I may leave out some important details. Also, this is directed at Saskatchewan residents – your Province’s regulations may differ. This FAQ is not legal advice and should not be relied upon. Always seek legal advice before engaging with cannabis.
As an adult, how much cannabis am I allowed to legally possess?
In your home*, there is no limit to the amount of cannabis that you can possess. However, when you are in public, you are permitted to possess only up to 30 grams, or its equivalent. You can acquire legal cannabis by receiving it for free from an adult that obtained it legally, growing your own (see below) or by purchasing it from a licensed retailer.
* Landlords are permitted to impose rules on tenants regulating the possession, cultivation and consumption of cannabis, as well as the tenants right to cultivate cannabis in the rented unit. Condo boards may also pass rules or bylaws prohibiting consumption and cultivation.
Can I grow cannabis in my home?
Yes (and this includes your adjoined yard). Saskatchewan was not one of the Provinces that opted out of the ability to grow in your home – though strangely the Saskatchewan government did not even address the idea of cultivation in the provincial Act. Under the current federal regulations, you are permitted to grow four plants in your private residence. For those that live in rented residences/condos, you may be restricted from growing cannabis by your landlord, or by condo rules and bylaws. Also note that the four-plant limit is a household limit. Two adults in one house, for example, would not be permitted eight plants.
Can I sell cannabis to other adults?
Absolutely not. The only people/businesses that are allowed to sell cannabis to anyone are those that are licensed by the proper authorities. If you are caught selling cannabis without the requisite license, you may be charged criminally, under either or both of the Provincial and Federal Acts, and face punishment ranging from a $5,000.00 fine to 14 years in prison, depending on the circumstances. With that being said, you are allowed to GIVE an adult person up to 30 grams of cannabis, or its equivalent.
Is edible cannabis legal? Can I make my own edibles?
Edible cannabis products are not legal to purchase or sell under the current regulations. It has been stated that regulations regarding edible cannabis will be a future addition. It is legal, however, for an individual to process their own legally possessed cannabis into whatever form they please. When travelling in public with these processed products, one must keep in mind the table of equivalency below to ensure one is not possessing cannabis over the legal limit:
Can I trade clones/plants with other adults?
Yes – up to four. However, the plants must not be in the budding/flowering stage of their lives.
How often can you do this? Apparently the federal and provincial government didn’t think about that, so it’s anyone’s guess at this point. I think it could be fairly interpreted as being part of a single transaction, but there is no indication of that in the legislation.
Is my minor child legally allowed to possess cannabis?
One of the controversial portions of the Federal Act is the legality surrounding the possession of cannabis by minors. Under the Federal Act, a minor is legally permitted to possess up to 5 grams of cannabis (or its equivalents, as above), and is permitted to distribute up to 5 grams to another person (even another minor). These exceptions were put in the Act to remove small possession from the criminal regime.
However, Saskatchewan, under the Cannabis Control (Saskatchewan) Act (“CCSA”), has made possession and distribution of cannabis by a minor illegal in any amount. If a minor is caught with cannabis, the police are authorized by the CCSA to seize the cannabis and charge the minor with a summary offence, punishable by a fine of up to $2,000.00 (Saskatchewan has recently published a table of fines – https://www.saskatchewan.ca/~/media/news%20release%20backgrounders/2018/jul/cannabis%20penalties%20table.pdf). So while possession and distribution of small amounts of cannabis by a minor is permitted under the Federal legislation, it is very much illegal under the provincial.
Can I consume cannabis in a public place?
No. Cannabis can only be consumed in a private place*, which includes:
(a) An occupied house or building;
(b) Seasonal cabins and cottages
(c) Trailers, campers, mobile homes, tent etc.;
(d) A moored vessel; and
(e) A private guest room in a hotel/motel (check for smoking rules though – it is also likely that most hotels will outright ban consumption of cannabis).
* Landlords are permitted to impose rules on tenants regulating the possession, cultivation and consumption of cannabis, as well as the tenants right to cultivate cannabis in the rented unit. Condo boards may also pass rules or bylaws prohibiting consumption and cultivation.
Can I consume cannabis in a vehicle? Will I be charged with impaired driving if I consume cannabis and then drive?
You are not permitted to consume cannabis in a vehicle. Yes, you may be charged with impaired driving if you have consumed cannabis and then drive. I won’t get into the new cannabis related impaired driving charges in this FAQ, but my opinion after reading the way they are structured is that they will likely get struck down as unconstitutional in short order.
Can I possess my legal amount of cannabis in a vehicle?
Yes, but only if you are transporting that legal amount from a place that was legally allowed to have it (i.e. a store where you bought it; your private residence) and taking it to another place where it can be legally consumed or stored (i.e. your friend’s house).
Closing Thoughts
As you can see from the above, on October 17th, cannabis is going to be heavily regulated and controlled. If I was a betting man, I would wager that the rules will loosen up over time as governments come to realize that Chicken Little wasn’t right and the sky is not going to fall. Ideally, I would like to see less regulation in retail licensing (i.e. more stores and more competition), and less or no regulation on home cultivation, as to my mind, the regulations in these areas are too strict at this point. The impaired driving provisions that are tagging along with legalization will be a can of worms and it will be interesting to see prosecutors attempt to justify that the THC limits the government has set are not wholly arbitrary, as I suspect they are, or that the onerous penalties for violating those arbitrary limits are reasonable.
In any event, within a week’s time, nearly 100 years of prohibition will be coming to an end, and for those of us that are freedom loving people, this is a positive step in the right direction.
