The Ontario government has introduced legislation that they say, if passed, will help tackle illegal cannabis sales by prohibiting advertising and promoting the sale of illegal cannabis through the province’s cannabis legislation.
The possible changes are part of a larger package of changes as part of new legislation, the Safer Streets, Stronger Communities Act, which includes targeted measures to help support public safety near supervised consumption sites, crack down on auto theft and careless driving, enhance the tools police can use to manage sex offenders, tackle illegal cannabis sales and support access to justice.
“Our government is keeping our communities safe and holding criminals accountable,” said Solicitor General Michael Kerzner. “Today, we’re proposing impactful changes to strengthen tools for police officers, improve access to justice and eliminate dangerous activity that puts hard-working people at risk. In Ontario, crime doesn’t pay.”
Targeting advertising with new legislation
The proposed change would amend the Cannabis Control Act, 2017 to add a new prohibition “respecting the advertisement or promotion of cannabis that is sold unlawfully, along with a related penalty if a person is convicted of contravening the prohibition.”
Current penalties for violating various aspects of Ontario’s Cannabis Control Act, 2017 can range from up to $100,000 for an individual and up to $250,000 for a corporation.
Many cannabis retailers in Ontario have expressed frustration at what they say is under-enforcement by police against unlicensed cannabis stores. This new legislation, if passed, could give bylaw officers more ability to penalize illicit operators without relying entirely on Toronto or Ontario police services.
StratCann reached out to representatives at the City of Toronto regarding a recent article about illicit stores in the province, and their response revealed a need for the province to review the Cannabis Control Act, which has not been updated since before legalization.
“In March, 2024 Toronto City Council requested the Province of Ontario undertake a comprehensive review of the Cannabis Control Act, 2017, in consultation with municipalities, including roles and responsibilities, funding, and enforcement, and addressing unlicensed cannabis establishments,” said Shane Gerard, Senior Communications Coordinator. “The Cannabis Control Act, 2017 has not undergone a comprehensive review since it was introduced seven years ago.”
Charging property owners in contravention
He added that the province is responsible for licensing and regulating private cannabis retail stores through the AGCO, which enforces the regulations. Further, Gerard said that the city does, in fact, go after property owners.
“The city can, and does, file charges against property owners who are in contravention of the Cannabis Control Act. Individuals charged can face fines of up to $250,000 and face imprisonment of two years (minus one day).”
The city also pointed out that the current Cannabis Control Act provides limited authority to municipal by-law officers.
“These officers do not have arrest powers and are not permitted or trained to use force while carrying out enforcement activities. This makes the enforcement of unlicensed cannabis dispensaries challenging and presents health and safety risks to officers.”
Bill 223, Safer Streets, Stronger Communities Act, 2024 was introduced and read for the first time on November 18, 2024.
