Cannabis infractions

Legalizing cannabis since October 17th, 2018 greatly benefits consumers. However, there are still some restrictions related to the use of marijuana. The Cannabis Act, which is a Federal law, regulates in a general manner cannabis possession, production, distribution, and the sale of marijuana in Canada.

However, the Canadian provinces had jurisdiction to implement regulations on their territory. The Cannabis Regulation Act, which is a provincial law, determines what is legal in Quebec. It is therefore important to respect the law that is provided for in Quebec, to avoid being accused of a criminal or penal offense. Here is some useful information about what is prohibited and allowed in Quebec.

Cannabis possession

Legal age:

21 years old in Québec, whereas the legal age in Canada is 18 years old.

Legal quantities for possession:

In a public place: 30 grams

In a house: 150 grams

It is illegal to possess a marijuana plant.

Prohibition to possess cannabis in certain places, such as:

on the grounds, premises or in buildings providing preschool education services, elementary and secondary school instructional services, educational services in vocational training or educational services to adults in general education,
on the grounds, premises or in buildings of a college-level educational institution;
on the premises or in the buildings of a university-level educational institution, except student residences;
on the grounds and in the facilities of a childcare centre or day care centre, as well as
on the grounds, on premises or in buildings used for detention.

Interdiction to smoke marijuana in public places:

In Quebec, it is prohibited to smoke or vape in all indoor or outdoor public spaces, including public roads. However, a municipality can authorize to smoke in a municipal park, by posting a sign which indicated the area where smoking is permitted.

Cannabis production

Cultivation

Canada’s legislation allows you to grow up to 4 marijuana plants in your house, whereas Quebec had prohibited cannabis production. The Court invalidated the provincial legislation on September 3rd 2019, but the government appealed the judgment. We are therefore awaiting the Court of Appeal’s decision. In the meantime, it is legal to cultivate up to 4 marijuana plants by residence.

Sale of cannabis

It is illegal to buy cannabis from any person or place other than the SQDC.

It is therefore prohibited for anyone to sell cannabis in Quebec.