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Alberta FAQs >Cannabis >Buying, Using & Growing Cannabis in Alberta

Buying, Using & Growing Cannabis in Alberta

What laws regulate cannabis in Alberta?

Cannabis is governed by federal laws, provincial laws, and municipal (towns and cities) bylaws. The most important laws in Alberta governing cannabis are:

  • Canada’s Cannabis Act. This law applies all across Canada. It sets out the criminal offences for cannabis and regulates how cannabis is produced and marketed.
  • Alberta’s Gaming, Liquor and Cannabis Act. This provincial law regulates how cannabis is sold in Alberta.
  • Alberta’s Tobacco and Smoking Reduction Act. This provincial law sets out where cannabis can be used (smoked or vaped) in Alberta and the punishments for breaking these laws.

Each town or city also has bylaws about the use of cannabis within its boundaries. For example, Edmonton has a Public Places Bylaw with rules for smoking or vaping in public spaces in Edmonton.

Other laws not specifically about cannabis can also affect how you buy and use cannabis. Alberta’s Occupational Health and Safety Act does not specifically mention cannabis but it contains laws about safety at work, which includes not being impaired by cannabis. Your workplace may also have specific policies about cannabis. See Cannabis in the Workplace for more information on cannabis in the workplace.

Property owners can limit the use of cannabis on their property, such as condo corporations, landlords, and colleges and universities. If you live in a condo or rental unit, you should review the condominium corporation or landlord’s rules on cannabis. See Cannabis in Condos and Rentals for more information on cannabis in condos and rentals.

It is your responsibility to know which laws, policies, and rules apply to you.

Last Reviewed: June 2019

I thought cannabis was legal across Canada. Why does the Province of Alberta and each city or town have its own laws about cannabis too?

Each level of government in Canada has jurisdiction over (or the right to govern) different areas of law. Some areas of law are regulated by both the federal government and the provincial government, such as cannabis, healthcare and the environment. Each level of government can create laws about different parts of the issue.

Some parts of cannabis regulation are dealt with under federal laws while others are dealt with under provincial laws. Cities and towns can also make rules about other parts of cannabis use within their boundaries.

Below is a summary of what each level of government regulates for cannabis:

Image credit: Lorian Hardcastle
A Primer on Cannabis Regulation, ABlawg, Oct. 17 2018

Because the laws can change even from city to city, it is important to know the rules of the place where you live or visit. For example, it may be legal to smoke cannabis on the street in one city but illegal in another city.

Last Reviewed: June 2019

What is the legal age for cannabis in Alberta?

In Alberta, the legal age to buy, use and grow cannabis is 18 years.

The legal age for cannabis differs across Canada, similar to the legal drinking age. Canada’s Cannabis Act says that the minimum age is 18 years but each province can increase that age. Alberta has kept the legal age at 18 years. Quebec has increased the minimum age to 21 years (as of January 1, 2020). All other provinces have increased the minimum age to 19 years. This means that someone in Saskatchewan must be 19 years old to legally have cannabis while someone only has to be 18 years old in Alberta.

It is your responsibility to know the legal age for cannabis in the province where you live or visit.

Last Reviewed: January 2020

Are there limits on buying and possessing cannabis in Alberta?

Yes. An adult (18 years or older) cannot:

  • have more than 30 grams of dried cannabis (or the equivalent of 30 grams of dried cannabis) in a public place. A public place includes a vehicle in a public place or any place open to public view;
  • have cannabis that they know is illicit cannabis. Illicit cannabis is cannabis that is or was sold, produced or distributed by a person prohibited from doing so by law or that was imported by a person prohibited from doing so by law. Illicit cannabis includes cannabis that is not purchased through licensed retailers or that is purchased on the street;
  • have more than four cannabis plants;
  • purchase edibles (though the law may be changing soon on this).

It is illegal for youth (under 18 years) to have, distribute or grow cannabis.

Last Reviewed: June 2019

What happens if someone under 18 gets caught with cannabis?

In Alberta, youth between 12 years and 17 years (called a “young person”) cannot possess (have), distribute or produce cannabis. If a young person breaks this law, they can be charged under the Youth Criminal Justice Act.

A young person who possesses (has) or distributes 5 grams or less of dried cannabis (or its equivalent) will not be charged criminally. However, their cannabis will be seized, their parents or guardians will be notified, and they will receive penalties similar to those for underage possession of tobacco or alcohol.

The law for youth may be different in other provinces, including different legal ages for cannabis and different penalties for youth.

Last Reviewed: June 2019

Is it legal to use cannabis anywhere?

No. The same way that drinking alcohol and smoking cigarettes is limited to certain places, so too is the use of cannabis. Alberta has laws prohibiting smoking or vaping in certain areas. Each city or town can also make bylaws that further limit smoking or vaping within their boundaries.

It is your responsibility to know the laws of the place where you are living or visiting.

Last Reviewed: June 2019

Can I use cannabis within National Parks in Canada?

It depends.

Federal, provincial, territorial and municipal laws apply to National Parks in Alberta. For example, in Banff National Park, Alberta’s laws about public use of cannabis apply throughout the park. The town of Banff’s bylaws apply to public use of cannabis within the town of Banff.

In all National Parks across Canada, you can use cannabis at your registered Parks Canada campsite. However, you cannot use cannabis in campground common areas (such as shelters, playgrounds, washrooms, trails, and roads).

In National Parks in Alberta, you are allowed to use cannabis publically, including day-use areas, trails and backcountry, but you cannot smoke or vape within 5 metres of playgrounds. Many campgrounds within National Parks in Alberta have added further rules that do not allow use between 11pm and 7am and during long weekends in the summer (Victoria Day through to Labour Day). These restrictions are similar to alcohol rules in these parks.

Towns within the National Parks each have their own bylaws for cannabis use within the town boundaries. For example, you cannot smoke or vape cannabis in public places within the towns of Jasper or Banff but you can within Lake Louise and Waterton Park.

You should review the rules of the park you are visiting. It is your responsibility to know the laws and rules of the place where you are visiting.

For more information about cannabis rules in National Parks generally, visit: https://www.pc.gc.ca/en/voyage-travel/regles-rules/cannabis

For more information about further restrictions on cannabis in specific National Parks in Alberta:

  • Banff National Park: https://www.pc.gc.ca/en/pn-np/ab/banff/securite-safety/cannabis
  • Jasper National Park:
  • Elk Island National Park: https://www.pc.gc.ca/en/pn-np/ab/elkisland/visit/cannabis

Last Reviewed: June 2019

Can I consume cannabis in Provincial Parks in Alberta?

It depends. Alberta laws prohibit smoking and vaping:

  • in a public place (including the common areas of a multi-residential facility, a group living facility, an outdoor bus or taxi shelter, a bar or restaurant including outdoor patios, and a hotel);
  • in a workplace;
  • in a vehicle if a minor is present;
  • in a public vehicle (such as a bus, taxi or Uber);
  • within 5 metres from a doorway, window or air intake of a public place or workplace;
  • on any hospital property, school property or child care facility property;
  • in or within 5 metres from a playground, sports or playing field, skateboard or bicycle park, zoo, outdoor theatre, outdoor pool or splash pad, or any other place that might be designated.

The above law applies at Alberta Parks’ campgrounds along with additional rules:

  • you can use cannabis in your registered campsite (including in an RV);
  • you cannot use cannabis where smoking tobacco is prohibited;
  • you cannot use cannabis in motorized vehicles;
  • other park rules may apply, such as quiet hours.

For more information: https://www.albertaparks.ca/cannabis/

Last Reviewed: June 2019

Can I consume cannabis in public in every city or town in Alberta?

No. Each municipality (city, town, village, hamlet, etc.) has its own rules about whether or not you can use cannabis in public places. There are also rules that apply all across Alberta (including in each municipality) that prohibit cannabis use in certain places (such as restaurants, bars, workplaces, public transit, hospitals, schools, child care facilities, playgrounds, or within 5 metres from doorways or certain buildings or areas).

Your use of cannabis on private property may also be limited by the owner of the property, such as a landlord or condominium corporation.

It is your responsibility to know the laws of the place where you are living or visiting.

Below is a summary of the public use bylaws in several towns and cities in Alberta:

CalgaryProhibited with exception for medical cannabishttp://www.calgary.ca/CSPS/ABS/Pages/Bylaws-by-topic/public-consumption-of-cannabis.aspx
ChestermereProhibitedhttps://chestermere.ca/901/Cannabis-Legalization
EdmontonPermitted with restrictionshttps://www.edmonton.ca/city_government/edmonton-s-cannabis-rules.aspx
Grande PrairiePermitted with restrictions 
LethbridgePermittedhttps://www.lethbridge.ca/City-Government/Pages/Cannabis.aspx
Red DeerProhibitedhttp://www.reddeer.ca/whats-happening/cannabis-legalization/
St. AlbertProhibitedhttps://stalbert.ca/cosa/participation/cannabis-legalization/where-can-i-consume/

For information about public use rules in other municipalities in Alberta, check with that municipality’s local government. You can also call 311 for more information.

To access municipality websites: http://www.municipalaffairs.gov.ab.ca/mc_municipal_profiles

Last Reviewed: June 2019

Is all cannabis legal now?

No.

The production, distribution, sale and consumption of cannabis is very regulated in Canada. Only cannabis produced by licensed producers, distributed through licensed channels, and sold through licensed retailers is legal. All other cannabis is illegal. For example, buying cannabis from a friend or a street dealer is an illegal purchase and the cannabis purchased is also illegal (it is called “illicit cannabis”).

All legal cannabis products have a stamp on the packaging. Each province has its own stamp. If you purchase cannabis products without this stamp, it is illicit cannabis.

Last Reviewed: June 2019

Where can I legally buy cannabis in Alberta?

You can legally buy cannabis in Alberta from two places:

  • A licensed retail cannabis store. Cannabis retailers are licensed and regulated by Alberta Gaming, Liquor and Cannabis (AGLC). Cannabis purchased from somewhere that is not licensed by the AGLC is illegal.
  • AlbertaCannabis.org. This is Alberta’s only legal recreational online cannabis store. AGLC operates this online store. All other online sale sites are illegal.

It is against the law in Alberta to purchase cannabis other than from these two sources.

You can only buy up to 30 grams of dried cannabis (or its equivalent) per transaction.

Last Reviewed: June 2019

Can I drive with cannabis in my vehicle?

If you are transporting cannabis in a vehicle, it must be in closed packaging and out of reach of all people in the vehicle, including the driver.

Last Reviewed: June 2019

Can I grow my own cannabis plants?

Canada’s Cannabis Act allows a person to grow up to four cannabis plants in their home. The seeds must be bought from a licensed retailer. Alberta follows this law. Other provinces have different rules. Manitoba and Quebec do not allow you to grow your own plants.

If you live in a condo or rental unit, the condominium corporation or landlord may not allow you to grow cannabis plants on their property. Check your bylaws or lease.

Last Reviewed: June 2019

What does “equivalent amounts” mean?

Canada’s Cannabis Act often says: “cannabis of one or more classes of cannabis the total amount of which, as determined in accordance with Schedule 3, is equivalent to…”

Schedule 3 of the Cannabis Act sets out equivalent amounts of different forms of cannabis to dried cannabis. For example, 5 grams of fresh cannabis is equivalent to 1 gram of dried cannabis. And 1 cannabis plant seed is equivalent to 1 gram of dried cannabis. An adult can have a maximum of 30 grams of dried cannabis or 150 grams of fresh cannabis on them in person because the two amounts are equivalent.

Last Reviewed: June 2019

Are cannabis edibles, extracts and topicals legal?

Edible cannabis, as well as extracts and topicals, purchased from approved licensed producers and sellers are now legal in Canada. Starting October 17, 2019, licensed producers can submit applications to Health Canada for approval. Edibles and topical products must be approved before they can be sold. The approval process takes 60-90 days. Edible and topical products may start appearing in stores around mid-December 2019.

Edibles must follow very specific rules about packaging and advertising. For example, the packaging cannot appeal to children. As well, even though the federal government legalized them, each province can further regulate the sale of edibles, extracts and topicals.

Last Reviewed: December 2019

Do the same rules apply to medical cannabis?

It depends. Your authorization for medical cannabis sets out your limits for medical cannabis.

You can possess the amount set out in your registration plus the amounts allowed for recreational cannabis.

Every town or city has different rules about using cannabis in public places and some have different rules for medical cannabis. You should check the laws and rules that apply to the place where you are living or visiting to see where you can consume medical cannabis.

For more information about consuming medical cannabis in a rental unit or condominium see [here].

Last Reviewed: June 2019

 

 

Links to more information:

  • AGLC: Cannabis https://aglc.ca/cannabisab
  • Government of Canada: What you need to know about cannabis https://www.canada.ca/en/services/health/campaigns/cannabis/canadians.html#a1
  • Cannabis legalization in Alberta: https://www.alberta.ca/cannabis-legalization.aspx
  • ABLawg: A Primer on Cannabis Regulation https://ablawg.ca/2018/10/17/a-primer-on-cannabis-regulation/

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