Cannabis is now legal in Canada! What’s still illegal? (Part II)

Illicit Cannabis Canada

Cannabis is now legal in Canada! What’s still illegal? (Part II)

Illegal uses of Cannabis in CanadaThings that are still criminal after the legalization of cannabis in Canada

As of October 17th, 2019, Bill C-45 (Also known as the Cannabis Act) came into effect, legalizing the recreation sale and use of cannabis products in Canada. Indeed, Canada is now the largest legal marketplace for cannabis in the world! That being said, there are still plenty of things surrounding cannabis use in Canada that are still illegal.

Continuing from our previous article, we explore several things related to cannabis that are still illegal in Canada:

Possession of any cannabis from ‘illicit’ sources, or growing a cannabis plant from ‘illicit’ seeds.

‘Illicit’ cannabis is any cannabis product sold, distributed or produced illegally. Note that the following restrictions only apply to recreational cannabis – medical cannabis users are subject to different laws and restrictions.

The following are examples of illicit recreational cannabis:

  • Home-grown cannabis from someone with more than the permitted 4 cannabis plants per household.
  • Home-grown cannabis cultivated by a renter in contravention to their landlord’s wishes.
  • Home-grown cannabis from Quebec or Manitoba (where personal cultivation of recreational cannabis plants is not permitted at all).
  • Home-grown cannabis grown in British Columbia an area visible to the public (cannabis must be grown outside public view in BC).
  • Home-grown cannabis grown in New Brunswick grown outside a locked enclosure at least 1.52m in height.
  • Cannabis grown outside a private residence without a cannabis growing licence.
  • Cannabis purchased from someone without a licence.
  • Legal cannabis in excess of what is permitted to be carried by an adult at any time (see previous article).
  • Any cannabis in possession by a minor.


This convoluted list of restrictions is going to be a tricky thing for authorities to enforce, as illicit cannabis looks exactly like legal cannabis and legal cannabis can become illicit cannabis under certain circumstances. Furthermore, Cannabis sold or purchased in an edible form or as a concentrate (often referred to as isolates or distillates) are still currently illegal, but are expected to be legalized no later than October 17th, 2019. Note that you can make cannabis edibles or concentrates yourself at home for personal use without running afoul of the law.

*If you’re in need of a Criminal Lawyer in Edmonton, click here.


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