Current Situation

We have worked with Rising Tide Consultants to provide these general directional points of guidance:

The legislation of cannabis in Canada has very significant implications for restaurants (or any licensed statements for that matter).

It is now legal for patrons to possess 30g of cannabis products and have the product on their person in a licensed establishment, however they cannot legally consume or smoke it in the interior licensed area (much like tobacco smoking rules). It is at the licensed establishment’s discretion to create a policy on whether they will allow smoking or vaping on its outdoor property, provided it follows regulations regarding distances from doorways, windows, etc.

If patrons go out and consume cannabis and come back into the licensed area, staff have to be able to determine if the combination of cannabis and liquor consumption has rendered the patron impaired or “intoxicated”, and whether they should be removed from the premises.

With the legalization of edibles, extracts and concentrates, patrons might be more predisposed to consume them in the licensed establishment as they are not as noticeable as smoking. At this time staff have to be aware and look out for this and make the same determination if the person is impaired. These products come in many different forms such as gummies and brownies, just to name a few.

The best defense is due diligence and having sufficient staff training and policy and procedures in place to deal with the possibilities of the over consumption and mixing of liquor and cannabis.