Now that cannabis is legal in Canada, it’s important to understand the rules surrounding carrying, storing and consuming marijuana on a boat. In this post I dive into the various laws governing this area. The most relevant acts of parliament here are the Cannabis Act (Canada), the Cannabis Control Act (Ontario) and the Smoke Free Ontario Act. The following rules apply to cannabis when you are on a boat.
- You cannot consume cannabis in a any manner if you are driving the boat or have care and control of it regardless of whether the boat is in motion. This applies to both the driver and passengers. Care and control = the ability or risk to set the boat in motion.
- You cannot consume cannabis if you have passengers under the age of 15.
- You can consume cannabis if the boat has permanent sleeping, cooking and sanitary facilities and is anchored or secured to dock or land and is being used as a residence.
- You can consume cannabis if you are a medical user and consume it without smoking or vaping it. ie: edibles when legal.
- You cannot drive or have care or control of a boat whether or not its in motion while any cannabis is contained in the boat unless; the cannabis is in its original packaging and has not been opened, or it is packed in baggage that is locked and that is not readily available to any person on the boat.
As you can see the rules are pretty restrictive when it comes to weed and boating, so what happens if you are stopped by the Police? Police have the authority to search your boat without warrant if they believe on reasonable grounds that cannabis is contained in the boat in contravention of the rules. The Cannabis Control Act of Ontario also has the following set fines (tickets).
- Drive boat with cannabis in open original packaging section 12(1) – fine over 100$
- have care or control of boat with cannabis in open original packaging (12(1) – fine over 100$
- Drive boat with cannabis in open baggage section 12(1) – fine over 100$
- have care and control of boat with cannabis in open baggage section 12(1) – fine over 100$
- drive boat with cannabis readily available section 12(1) – fine over 100$
- have care and control of boat with cannabis readily available section 12(1) – fine over 100$
Now that we’ve gone through the non criminal laws surrounding cannabis and boating, it’s a good idea to brush up on the criminal laws as well. Follow this link for impaired boating and other criminal laws in Canada as they relate to Cannabis.