Frequently Asked Questions
When and Where Can I Legally Buy Recreational Cannabis?
As of October 17, 2018, the Ontario Cannabis Store (OCS) now provides consumers over the age of 19 with an online-only retail store from which to legally purchase recreational cannabis.
Sales at ‘brick and mortar’ stores began on April 1st, 2019. These stores are privately owned and subject to regulation in much the same way that liquor-licensed establishments are. The OCS remains the sole wholesale distributor for private marijuana retailers.
What are the Minimum Age Requirements for Recreational Cannabis Use?
You need to be 19 and older in order to buy, use, or possess recreational marijuana.
How Much Recreational Cannabis Will People Be able to Possess?
You are able to have a maximum of 30 grams (about one ounce) of dried cannabis in public at any time.
Where Can Cannabis Be Smoked?
The legislation currently prohibits the smoking of cannabis in places where smoking tobacco and using e-cigarettes would be prohibited. There are limited exemptions.
Specifically, you are only able to use recreational cannabis in the following locations:
a private residence, including the outdoor space of a home;
your unit or on your balcony, if you live in a multi-unit building like an apartment or condo (depending on your building’s rules or your lease agreement);
some outdoor public places (like sidewalks and parks);
designated guest rooms in hotels, motels or inns, residential boats or vehicles fitted with permanent sleeping accommodations and cooking facilities when parked or anchored and meet other criteria; and
in controlled areas in: long-term care homes, certain retirement homes, residential hospices, provincially-funded supportive housing, designated psychiatric facilities or veterans’ facilities.
You are not allowed to use recreational cannabis in the following locations:
indoor common areas in condos, apartment buildings and university/college residences;
enclosed public places and enclosed work places;
non-designated guest rooms in hotels, motels and inns;
school, on school grounds, and all public areas within 20m of these grounds;
children’s playgrounds and public areas within 20m of playgrounds;
child care centres, or where an early years program is provided;
in places where home child care is provided — even if children aren’t present;
within 9m from the entrance or exit of hospitals (public/private), psychiatric facilities, long-term care homes, independent health facilities;
outdoor grounds of hospitals (public/private) and psychiatric facilities;
non-controlled areas in long-term care homes, certain retirement homes, provincially-funded supportive housing, designated psychiatric or veterans’ facilities, and residential hospices;
publicly-owned sport fields (not including golf courses), nearby spectator areas and public areas within 20m of these areas;
a vehicle or boat that is being driven or is at risk of being put into motion;
restaurants and on bar patios and public areas within 9m of a patio;
outdoor grounds of specified Ontario government office buildings;
reserved seating areas at outdoor sports and entertainment locations;
grounds of community recreational facilities, and public areas within 20m of those grounds; and
sheltered outdoor areas with a roof and more than two walls which the public or employees frequent, or are invited to (e.g. a bus shelter).
Other laws and policies may also apply to restrict cannabis use in these places, such as municipal by-laws, condo by-laws, lease agreements, and the policies of employers and property owners.
Who Will Regulate the Private Sale of Recreational Cannabis?
As of September 26th, 2018, the government of Ontario announced the Alcohol and Gaming Commission of Ontario (AGCO) as the regulator for privately run recreational cannabis stores.
The AGCO is already responsible for the regulation of the Province’s alcohol, gaming and horse racing sectors. Its new mandate is focused on the safe, responsible and lawful sale of cannabis, consistent with the government legislation.
The AGCO has the authority to enforce compliance of the relevant legislation. This authority will include the ability to revoke licenses from stores that fail to comply with the conditions set by the Province.
What Licenses Must Be Acquired From the AGCO In Order to Open a Cannabis Retail Store?
Currently, potential Cannabis Store Operators are required to apply to the AGCO for a Retail Operator License and a Retail Store Authorization for each store that they want to operate. All Stores will also require a designated Manager, who must possess a valid Retail Manager Licence.
What Kind of Standards Must Be Met In Order to Apply for a Retail Cannabis Store License?
The Provincial government has reaffirmed their commitment to public health, public safety and protecting our youth. Accordingly, any engagement with organized crime and any record of providing youth with cannabis will bar applicants from participating in the private cannabis market.
With that said, people who have previously been convicted for marijuana-related offenses will not be barred from applying for a License through the AGCO.
The Provincial government has announced that a zero-tolerance approach will be taken with respect to any retailer who provides cannabis to a minor or tries to sell cannabis without a license. Accordingly, any retailer that contravenes the legislation may lose their license and/or be barred from ever acquiring a License in the future.
Is There a Limit on the Number of Licenses That Will Be Granted?
UPDATE 1: On December 13, 2018, the Government of Ontario announced that that a temporary cap of 25 Retail Store Authorizations would be imposed while cannabis supply stabilized. This cap will likely extend into the late Spring / early Summer of 2019.
UPDATE 2: On July 3, 2019 the Government announced that an additional fifty (50) cannabis retail stores will be permitted across Ontario, consisting of forty-two (42) in any municipality that has not opted-out of hosting cannabis retail stores, with the exception of the North Region, where a cannabis retail store location must be located in one of five (5) cities. There will be a separate allocation of eight (8) cannabis retail stores on First Nations reserves.
UPDATE 3: In March 2020, the Government of Ontario announced an open market with respect to retail cannabis stores. There is presently no limit on the number of stores that can open in Ontario.
In keeping with the Provincial government’s free-market mandate, there was originally no announced limit on the number of Licenses that will be granted - and the government had confirmed that the Licensing framework would not be capped. That said, the currently-proposed legislation does allow for concentration limits to be set for how many retail store licenses a single operator can hold, and for distance buffers to be set between Cannabis Retail Stores and schools. The legislation also does allow for some flexibility with respect to hard caps on Licenses granted within a particular area - though it remains to be seen what these caps would look like, and the Provincial government is not currently endorsing such a cap.
Will Cannabis Retail Stores Be Opened Province-Wide?
The legislation gives municipalities the choice of opting-out of having Cannabis Retail Stores in their communities. This opt-out must have been exercised before January 22nd, 2019, or else the municipality will automatically be deemed to have opted-in.