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S.M. 2019, c. 12

Bill 15, 4th Session, 41st Legislature

The Liquor, Gaming and Cannabis Control Amendment Act (Cannabis Possession Restrictions)

Explanatory Note

This note is a reader's aid and is not part of the law.

This Act makes amendments to The Liquor, Gaming and Cannabis Control Act concerning the possession of cannabis.

The possession of more than 30 grams of cannabis in a public place is prohibited. A person must not possess cannabis that is not packaged, labelled and stamped in the manner required by the federal government. A person does not contravene this prohibition if they possess 30 grams or less of cannabis.

A specified class of cannabis or a specified product containing cannabis may, by regulation, be exempted from the application of one or more provisions of The Liquor, Gaming and Cannabis Control Act.

(Assented to June 3, 2019)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. L153 amended

1

The Liquor, Gaming and Cannabis Control Act is amended by this Act.

2

Section 101.1 is amended by adding the following definition:

"public place" means a place, building, road or area to which the public has access and includes a vehicle at such a place, building, road or area. (« endroit public »)

3

The following is added after section 101.1:

Determining equivalent amounts of cannabis

101.1.1

For the purposes of this Act, the amounts of other classes of cannabis that are equivalent to a specified amount of dried cannabis is to be determined in accordance with the regulations.

4

The following is added after section 101.15:

Possession limits in public places

101.15.1

Except as permitted by regulation, a person must not, in a public place, possess one or more classes of cannabis the total amount of which is equivalent to more than 30 grams of dried cannabis.

Packaging and labelling requirement

101.15.2(1)

  Except as permitted by regulation, a person must not possess cannabis unless it is packaged, labelled and stamped in accordance with federal requirements.

Interpretation: federal requirements

101.15.2(2)

  For the purpose of subsection (1), cannabis is packaged, labelled and stamped in accordance with federal requirements if

(a) it is packaged and labelled in the manner required for it to be sold under the Cannabis Act (Canada); and

(b) it is stamped in the manner required for it to be sold in any province under the Excise Act, 2001 (Canada).

Exception for small amounts of cannabis

101.15.2(3)

  A person does not contravene subsection (1) if the person possesses one or more classes of cannabis the total amount of which does not exceed the equivalent of 30 grams of dried cannabis.

5(1)

The following is added after clause 157(1)(i):

(j) exempting a specified class of cannabis or a specified product containing cannabis from the application of this Act or specified provisions of this Act.

5(2)

The following is added after clause 157(2)(dd.14):

(dd.15) specifying when a person is permitted to possess more than 30 grams of dried cannabis or an equivalent amount of one or more classes of cannabis in a public place;

(dd.16) specifying when a person is permitted to possess cannabis that is not packaged, labelled and stamped in accordance with federal requirements;

(dd.17) specifying the amounts of other classes of cannabis that are equivalent to a specified amount of dried cannabis;

Coming into force

6

This Act comes into force on a day to be fixed by proclamation.