Today the Provincial Government has cleared the final legislative hurdle in advance of legalized recreational cannabis with amendments to the Highway Traffic Regulations and the introduction of Cannabis Control Regulations and Cannabis Licensing and Operations Regulations. These regulations come into force on October 17, 2018.

Through regulations, the Provincial Government is providing guidance on how retailers must operate in this newly legalized industry, as well as the parameters for citizens around the personal cultivation of recreational cannabis and responsible cannabis use, including impaired driving rules and penalties.

Several key areas addressed through regulation include:

• Rules for store set-up and location, employee conduct, and the types of products that can be legally sold in cannabis stores;
• Cannabis sales are legally permitted in store between 9:00 a.m. and 2:00 a.m. seven days a week, and online at any day and time. Sales may begin at 12:00 a.m. on October 17 in store and online;
• Consumption is permitted in private residences. Consumption is also permitted in hotel rooms or apartments in multi-unit residential buildings at the hotel’s or landlord’s discretion;
• Restricting access to minors, including rules around how cannabis is displayed and sold in store and requiring an adult to accept a delivery of cannabis ordered online; and
• The maximum number of plants that can be “home grown” would be four per dwelling. In the event that a resident has more than one home or dwelling, plants can only be grown in the residence in which they ordinarily reside.

With regards to Highway Traffic Regulations:

• Zero tolerance for the presence of THC for novice drivers, drivers under age 22 and drivers of commercial vehicles;
• Seven-day vehicle impoundment for the presence of drugs for novice drivers, drivers under age 22 and drivers of commercial vehicles;
• Seven-day vehicle impoundment for all drivers exceeding the legal limit for presence of drugs;
• Thirty-day vehicle impoundment for all drivers for refusal or failure to comply with a demand, consistent with alcohol; and,
• Medical users are subject to all the same rules, with the exception of zero tolerance for under 22, novice and drivers of commercial vehicles.

More information on the regulations can be found in the Backgrounder below and by visiting the Newfoundland and Labrador Gazette.

Residents are also encouraged to visit gov.nl.ca/cannabis or www.canada.ca/cannabis where they can find a wealth of information on cannabis.

Quotes
“A safe industry is a well regulated one. We have heard concerns from the public around restricting access of cannabis to minors and maintaining secure communities, and our regulations reflect this. The government and the Newfoundland and Labrador Liquor Corporation are committed to ensuring the delivery of a safe, responsible and accessible cannabis retail operation.”
Honourable Tom Osborne
Minister Responsible for the Newfoundland and Labrador Liquor Corporation

“Amendments to the Highway Traffic Act and Regulations help ensure we can continue to protect public safety after recreational cannabis becomes legal. While we already have strong legislation in place regarding impaired driving, anyone who chooses to drive while impaired by drugs, alcohol or drugs and alcohol, will now face more significant penalties as a result of these amendments to the Highway Traffic Act.”
Honourable Sherry Gambin-Walsh
Minister of Service NL

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Newfoundland and Labrador Gazette

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Media contacts
Marc Budgell
Finance
709-729-2477, 689-0430
marcbudgell@gov.nl.ca

Krista Dalton
Service NL
709-729-4748, 685-6492
kristadalton@gov.nl.ca

BACKGROUNDER

Select Cannabis Control Regulations, Cannabis Licensing Regulations and Highway Traffic Regulations

Note: For complete regulations, refer to the Newfoundland and Labrador Gazette, issued on October 16, 2018.

Retail Sale of Cannabis

• Licensed cannabis retailers are not permitted to co-locate with licensed lounges (who sell liquor) or pharmacies.
• Cannabis stores (tier one and tier two) are not permitted to have minors present in the store, and are required to immediately verify the identification of any person entering a location who reasonably appears to not be of legal age. Minors are permitted to enter tier three and tier four locations, but are not permitted to purchase product.
• In addition to cannabis, cannabis stores (tier one and tier two) are only permitted to sell cannabis accessories, non-alcoholic beverages and promotional items. Food sales are not permitted.
• Tier three and tier four locations do not have these same restrictions, however tier three locations can only sell cannabis and cannabis accessories at the dedicated cannabis counter.
• Retailers are prohibited from providing samples. They cannot donate or provide free samples or combine the sale of cannabis or cannabis accessories with any other product with the purpose of promoting the sale of cannabis or cannabis accessories.
• Cannabis sales in store are permitted between 9:00 a.m. and 2:00 a.m., seven days a week subject to the store’s hours of operation and the Shops Closing Act. Online sales are permitted 24 hours a day, seven days a week.
• Retailers cannot run promotional activities like games, lotteries, contests or competitions to encourage cannabis or cannabis accessories sales.
• Licensees are prohibited from making any health-related claims respecting cannabis, or to provide any information on medical cannabis other than as provided by the Federal Government.
• Online content hosted by licensed retailers cannot include:
• Health and safety information and links other than as provided or approved by the Government of Canada, the government of the province or the NLC;
• Information which encourages irresponsible behaviour or cannabis consumption in a manner that is not socially responsible; and
• Information about cannabis for sale that is false or misleading.
• Carriers of online product are not permitted to deliver cannabis to anyone other than an adult, and are not permitted to leave it at an unanswered door.

Place of use

• Cannabis can be consumed:
  • In private residences;
  • In hotel rooms or in apartments of multi-unit residential buildings, at the discretion of the hotel or the building’s landlord.

Home cultivation

• The maximum number of plants that can be “home grown” would be four per dwelling.
• Cannabis must be grown in an area such that the plant(s) is not visible from a public place, and may only be grown in secure enclosed buildings or structures, not outside.
• Plants may only be grown in secure enclosed buildings or structures, not outside.
• In the event that an individual has more than one residence that could be considered a dwelling house (for instance, a cabin) an individual can only grow cannabis in the residence in which they ordinarily reside.
• In the event there is more than one adult in a home the limit remains at four.
• In the event that a resident lives in a multi-unit residential building (i.e. an apartment building) it is the landlord’s discretion whether cannabis can be grown there

Cannabis impaired driving

• Zero tolerance for the presence of THC for novice drivers, drivers under age 22 and drivers of commercial vehicles;
• Seven-day vehicle impoundment for the presence of drugs for novice drivers, drivers under age 22 and drivers of commercial vehicles;
• Seven-day vehicle impoundment for all drivers exceeding the legal limit for presence of drugs based on Standardized Field Sobriety Test/approved testing device (Draeger DrugTest 5000 once deployed) and/or Drug Recognition Expert;
• Thirty-day vehicle impoundment for all drivers for refusal or failure to comply with a demand, consistent with alcohol; and,
• Medical users are subject to all the same rules, with the exception of zero tolerance for under 22, novice and drivers of commercial vehicles