Who is enforcing the rules around marijuana in Midland?

by Andrew Mendler

                                                          The Southern Georgian Bay OPP will be in charge of enforcing the provincial and federal restrictions around cannabis. Constable David Hobson wants to ensure the public knows all the new rules regarding cannabis. - Andrew Mendler/Metroland

The OPP and Simcoe Muskoka District Health Unit are both playing a role in the enforcement of the new rules and regulations around cannabis.

The majority of the enforcement burden falls on OPP officers, who are tasked with upholding laws in the provincial and federal Cannabis Control Acts. These acts have set age limits and restrictions on possession quantities, home cultivation and drug-impaired driving in regard to cannabis.

“If you get stopped and you’re suspected of being impaired by drug, we have officers referred to as drug recognition experts who can carry out an investigation at the police station,” said Const. David Hobson of the Southern Georgian Bay OPP.

All front-line OPP officers are trained to administer a standardized field sobriety test. When needed a drug recognition expert will be called in to assist in an evaluation.

If the evaluator determines that you are impaired, you will face a 90-day licence suspension, seven-day vehicle impoundment, a $550 fine and a $275 licence reinstatement fee. Anyone with a second occurrence will be forced to attend mandatory education and treatment program. A third offence will result in the required use of an ignition interlock device.

Cracking down on impaired drivers is still a top priority for the OPP. Officers will continue conducting regular RIDE checks on area roads, snowmobile trails and local waterways. The public is also encouraged to call in if they suspect a driver is impaired.

Any driver under the age of 22 and commercial vehicle operators are not allowed to have any drugs in their system.

“Our messaging really hasn’t changed. Impaired driving is impaired driving. It doesn’t matter if it is alcohol, pot or prescription medications,” said Southern Georgian Bay OPP Const. Sherri Golds.

Golds, who is the community safety officer for the detachment, has been busy educating high school students on the new rules around marijuana — many of which are different for those under the age of 19.

“These rules are in place to protect young people,” said Golds.

While anyone over the age of 19 is allowed to carry up to 30 grams of dried cannabis on them at one time, those 18 and younger aren’t allowed to possess it at all. Youth can and will be charged for possession, distribution, consumption and cultivation of cannabis.
“We have been enforcing the rules around cannabis with young people,” said Golds. “There have already been charges laid for consumption.”

The laws are strict when it comes to youth and marijuana. The police have the option to lay criminal charges for cannabis related offences or enrol the youth offender into a cannabis awareness program.

As for the home cultivation of marijuana, residents are only allowed to grow a maximum of four plants at their primary property. Seeds have to be acquired through a legal avenue — the online Ontario Cannabis Store.

“You can grow it anywhere as long as it is on your primary property,” said Golds. “Only your primary property. If you have a cottage, you can’t grow four plants at each property.”

Enforcement of the four-plant limit will be complaint driven.

As for the new restrictions around where one can and can’t smoke, as outlined in the Smoke Free Ontario Act, enforcement will be left to Simcoe Muskoka District Health Unit officials.

Under this act, which came into effect July 2018, cannabis and tobacco are viewed the same.
“Where you can’t smoke tobacco, you can’t smoke cannabis,” said Martin Kuhn, supervisor of the health unit’s tobacco enforcement team.

Five enforcement officers work the local catchment area, which stretches from Bradford to Huntsville. These officers work with tobacco and vape retailers, secondary schools and deal with public smoking complaints.

“If there are complaints from the public about people smoking or vaping cannabis in a public place or workplace, that is where we can issue a ticket or summon somebody to court,” said Kuhn.

Smoking tobacco, cannabis or vaping is not allowed on or within nine metres of a restaurant patio.

For schools, recreational facilities such as arenas and playgrounds, this radius extends to 20 metres.

Municipalities have the ability to pass their own bylaws and limit smoking on municipal properties such as parks, trails and beaches, if they choose.

Last year the health unit responded to more than 180 requests for support related to the act.

While the majority of the enforcement will be complaint-driven, officers will be doing some education and enforcement.

“We anticipate doing some blitzes in the warmer months, particularly with compliance around patios,” said Kuhn.

The health unit is also doing their part in reiterating the risks around using cannabis.

“We want the public to know that cannabis is not harmless,” said Kuhn. “Youth exposure to cannabis is fraught with a lot of risks.”