Dear Herb: What amount of cannabis edibles can I legally carry in public?
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Hey there, time traveller!
This article was published 13/03/2019 (1422 days ago), so information in it may no longer be current.
Dear Herb: I was wondering if I can legally fly from Alberta to B.C. with cannabis edibles? — In-Flight Meal
Dear In-Flight: Thanks for asking. Anecdotally speaking, I’ve noticed that cannabis edibles are a a popular method of consumption among high-flyers, so I’m sure you’re not the only one who wants to know.
To begin answering your question, I’ll first refer you to this previous edition of Dear Herb, which covered the rules for bringing dried cannabis bud on a domestic flight within Canada. (The upshot: Yes, you can legally bring dried cannabis on an aircraft in Canada, as long as you’re carrying no more than 30 grams, which is the public possession limit for dried cannabis under the federal Cannabis Act.)
Therefore, I’m going to reinterpret your question as, “What amount of cannabis edibles can I legally carry in public?” The answer to that question will also tell us what amount of edible cannabis you can bring on a flight from Alberta to B.C.
This Department of Justice webpage explains the various possession limits for different forms of cannabis. It says that one gram of dried cannabis is the legal equivalent of 15 grams of “edible product.” Since Canadian adults can legally carry up to 30 grams of dried cannabis in public, it stands to reason that they can posess up to 450 grams of edible cannabis products in public, or on a domestic flight — that’s the 15-gram equivalency multiplied by 30.
However, this might be subject to change in the near future. Right now, the only legal way for Canadian adults to access cannabis edibles is to make them at home using legally acquired cannabis. The federal government is still developing the regulations that will allow the regulated cannabis industry to legally produce and sell cannabis edibles.
It appears that those proposed regulations might tweak the possession limits. Take a look at this government document about the proposed regulations, under the heading “Proposed product rules for the new classes of cannabis”:
“In addition, a lower possession limit and smaller package sizes would apply to any cannabis product that contains more than 3% THC by weight. Consistent with the Act and current Regulations… the maximum package size and public possession limit of 7.5 grams (equivalent to 30 grams of dried cannabis) would apply to edible cannabis, cannabis extracts, or cannabis topicals that contain more than 3% w/w THC (i.e. products that are considered concentrates for the purposes of Schedule 3 to the Act).”
This passage isn’t entirely clear to me, but it suggests that certain government-regulated cannabis edible products could be considered concentrates, and thus subject to a lower, 7 1/2 gram public possession limit. Since these regulations won’t actually be enacted until later this year, we’ll have to wait and see how this shakes out.
Once the federal government legalizes edibles for commercial production and sale, I expect they’ll take pains to clarify the public possession limits for cannabis edibles of all kinds. When that happens, we’ll update this article.
In the meantime, I believe it would be perfectly legal under federal law to possess up to 450 grams of edible cannabis product in public, or on a domestic flight.
Remember, any edibles purchased from an illegal source (i.e., any online dispensary that’s currently selling them) are technically considered illicit cannabis and are illegal to possess in any amount.
Got a question about cannabis? Herb answers your questions about legal consumption and growing, the law, etiquette — you name it, he’ll look into it.
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