Cannabis Law in Newfoundland and Labrador

The prospect of legalizing recreational marijuana in Newfoundland and Labrador, Canada's easternmost province, was met with anticipation and careful consideration. In response to this monumental shift in Canadian policy, the provincial government initiated a dialogue with its more than 500,000 residents, yielding over 2,600 valuable responses. In 2017, Newfoundland and Labrador's per-capita cannabis use ranked mid-tier among Canadian provinces, slightly below the national average, as per Statistics Canada.

Taking into account the survey responses and engaging in public consultations, the government proceeded with concrete steps. It introduced a series of local bills and amendments to align provincial regulations with the national law. The Stakeholder Engagement Report released by the government reflected the sentiments of the community, showcasing significant support for a minimum purchase and possession age of 19, consistent with national law. Additionally, a resounding 75 percent of respondents favored provincial penalties for drug-impaired driving, and a staggering 87 percent expressed a desire for smoking restrictions in public areas akin to those applied to tobacco and vaping.

In passing the new legislation, the Assembly of New Brunswick considered three new acts and made amendments to two existing ones. The Cannabis Control Act was put in place to govern consumption and use, while the Cannabis Management Corporation Act established a government-owned crown corporation tasked with overseeing and controlling the retail sale of recreational marijuana. Other measures included the creation of an education and awareness fund, amendments to enhance the powers of the province's liquor corporation, and the incorporation of drug-impaired driving amendments into the Motor Vehicle Act. Notably, these amendments introduced a "zero-tolerance" policy for new drivers in the graduated license program and all drivers under 21, extending to various vehicles like motorcycles, tractors, off-road vehicles, and snowmobiles on highways and managed trails. Exceptions may be considered for medical marijuana users if they are not deemed impaired. The legislation also empowered law enforcement to suspend licenses, impound vehicles, and impose administrative sanctions and driver education. Federal guidelines established graduated penalties based on drug or alcohol concentrations and prior offenses, with a legal limit for THC in the bloodstream set at two nanograms per milliliter, with corresponding penalties ranging from fines to imprisonment for drug-impaired driving offenses. These comprehensive measures were enacted to ensure the responsible and safe use of cannabis on New Brunswick's roads.

Drivers failing field sobriety or drug recognition expert tests specified by the federal government now face seven-day suspensions and vehicle impoundments. These tests encompass various evaluations, including general field sobriety and saliva tests conducted by trained officers in each jurisdiction. Penalties are accompanied by license suspensions lasting from seven to 90 days, with exemptions possible for authorized medical users, provided they are not deemed to be driving while impaired. Consumption of cannabis within a vehicle carries additional penalties and fines.

At the federal level, drivers are subject to graduated penalties based on levels of drug and/or alcohol concentrations and any prior offenses. The legal limit for THC in the bloodstream, as mandated federally, stands at two nanograms per milliliter. Penalties range from fines up to $1,000 for concentrations between two and five nanograms per milliliter, with concentrations of five or more nanograms leading to a minimum $1,000 fine on the first offense, 30 days or more of imprisonment on the second offense, and 120 days or more on the third offense. In cases of drug-impaired driving accidents, penalties can escalate to a prison sentence ranging from 18 months to life, particularly in the event of a fatal accident.

The journey of cannabis legalization in Newfoundland and Labrador has been marked by meticulous planning, public engagement, and a commitment to balancing personal freedoms with public safety. The province's approach serves as a testament to the complexities involved in harmonizing local regulations with national laws in the context of a rapidly evolving legal landscape.