CANNABIS CONTROL (SASKATCHEWAN) ACT 1 B I L L No. 121

An Act to Control the Sa le, Possession, Consumption, Distribution and Transportation of Cannabis and to Make Consequential Amendments to Other Acts TABLE OF CONTENTS

PART 1 Preliminary Matters 1-1

Short title 1-2

Definitions and

interpretation 1-3 Illicit cannabis prohibited 1-4 No application to cannabis for medical purposes

PART 2 Possession, Distribution and Consumption of Cannabis DIVISION 1 Minors 2-1 No possession, consumption, etc., by minors 2-2 Offence by minor 2-3 Employment of minors by Cannabis Authority 2-4 Minors in premises 2-5 Giving or selling to minors 2-6 Proof of age DIVISION 2 Purchase, Possession and Distribution 2-7 Unauthorized purchase or inducement 2-8 Possession of cannabis 2-9 Possession prohibited in certain places 2-10 Possession of cannabis in vehicles 2-11 Distribution of cannabis 2-12 Purchase from other jurisdictions 2-13 Common carriers and transportation DIVISION 3 Consumption 2-14 Public places 2-15 Restrictions on consumption of lighted and other cannabis 2-16 Child care facilities and schools 2-17 Cannabis ban in campground DIVISION 4 Emergency 2-18 Exemption for emergency

PART 3 Sale of Cannabis and Other Permitted Activities DIVISION 1 Powers of Cannabis Authority 3-1 Powers respecting cannabis permits 3-2 Good character DIVISION 2 Cannabis Permit Restrictions 3-3 Prohibited locations 3-4 Maximum number 3-5 Reduction in number of cannabis permits DIVISION 3 General 3-6 Compliance required for sale, etc. 3-7 Canvassing 3-8 Intoxicated persons DIVISION 4 Applications 3-9 Application for cannabis permit 3-10 Suitability of premises 3-11 Restrictions on cannabis permit applications 3-12 False assertions in applications DIVISION 5 Cannabis Permit Terms, Conditions and Requirements 3-13 Terms of cannabis permit 3-14 Mandatory requirements of every cannabis permit 3-15 Prohibited classes of cannabis and substances 3-16 Targeting minors 3-17 Self-service and dispensing displays and devices 3-18 Refusal to admit entry 3-19 Non-application of certain provisions DIVISION 6 Permitting Administrative Matters 3-20 Cannabis permit not transferable 3-21 Cannabis permit property of Cannabis Authority

CANNABIS CONTROL (SASKATCHEWAN) ACT 2 3-22 Cannabis permit to be posted 3-23 Restriction on cancellation 3-24 If premises destroyed 3-25 If permittee dies 3-26 Compliance required 3-27 Registration of suppliers

PART 4 Administration and Enforcement 4-1 Review respecting decisions 4-2 Designation of cannabis enforcement officers 4-3 Inspection powers of cannabis enforcement officers 4-4 Inspection powers of police officers 4-5 Court order for compliance 4-6 Arrest without warrant 4-7 Power to demand names, etc. 4-8 Search with warrant 4-9 Search with warrant re conveyance 4-10 Powers in exigent circumstances 4-11 Search and seizure of conveyance 4-12 Obstruction, false statement, etc., prohibited 4-13 Administration and enforcement activities

PART 5 Offences and Penalties 5-1 Compliance with terms 5-2 Offences 5-3 Offence by corporate officers, etc. 5-4 Employees or agents 5-5 Reference to exception, exemption, etc. 5-6 Administrative penalties 5-7 Evidence 5-8 Copies of documents 5-9 Notice of certificates 5-10 Describing offences in information 5-11 Proof of previous convictions 5-12 Conviction for several offences 5-13 Proof of cannabis permit 5-14 Certificate of analyst 5-15 Inference respecting cannabis 5-16 Proof of contravention 5-17 Precise description unnecessary

PART 6 General 6-1 Exemption by Cannabis Authority 6-2 Immunity 6-3 Conflict of interest 6-4 Regulations

PART 7 Consequential Amendments 7-1 SS 1994, c C-10.1,

section 36 amended 7-2 SS 2005, c C-46.1 amended 7-3 SS 1997, c D-4.1,

section 35 amended 7-4 SS 2001, c D-27.1,

section 31 amended 7-5 SS 1996, c E-6.01 amended 7-6 SS 2015, c F-13.1001,

section 2 amended 7-7 SS 2000, c L-14.2,

section 32 amended 7-8 SS 2006, c M-10.3,

section 32 amended 7-9 SS 1999, c M-14.1,

section 33 amended 7-10 SS 2005, c M-36.1,

section 293 amended 7-11 SS 2010, c O-5.1,

section 35 amended 7-12 SS 2007, c P-0.1,

section 33 amended 7-13 SS 1996, c P-9.1 amended 7-14 SS 2003, c P-14.1,

section 32 amended 7-15 SS 1996, c P-36.1,

section 4 amended 7-16 SS 1988-89, c R-12.2, new

section 33 7-17 SS 2006, c R-22.0002,

section 32 amended 7-18 SS 2009, c S-46.002,

section 27 amended

PART 8 Coming into force 8-1 Coming into force Appendix (Assented to ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:

PART 1 Preliminary Matters

Short title 1-1 This Act may be cited as The Cannabis Control (Saskatchewan) Act.

CANNABIS CONTROL (SASKATCHEWAN) ACT 3

Definitions and

interpretation 1-2(1) In this Act: “applicant” means an applicant for a cannabis permit; “cannabis” means a cannabis plant and anything referred to in

Schedule 1 but does not include hemp, anything mentioned in

Schedule 2 or any other prescribed thing; “cannabis accessory” means a cannabis accessory as defined in the regulations; “Cannabis Authority” means a person or body that is an agent of the Crown that is designated by the Lieutenant Governor in Council; “cannabis enforcement officer” means a cannabis enforcement officer designated pursuant to

section 4-2; “cannabis permit” means a valid cannabis permit issued pursuant to this Act or the regulations for the possession, sa le, distribution or transportation of cannabis; “cannabis plant” means a plant that belongs to the genus Cannabis; “child care facility” means a facility as defined in The Child Care Act, 2014; “commission” means the prescribed commission; “conveyance” includes a vehicle, train, aircraft, boat or other means of transport; “Crown” means the Crown in right of Saskatchewan; “distribute” does not include: (

a) selling, offering for sale or otherwise giving, assigning or sending for consideration; or (

b) bartering or depositing with another person for the performance of a service; “dried cannabis” means any part of a cannabis plant that has been subjected to a drying process, other than seeds; “illicit cannabis” means cannabis that: (

a) is or was sold, produced or distributed by a person prohibited from doing so pursuant to this Act, the regulations, any other Act, the Cannabis Act (Canada), any other Act of the Parliament of Canada or

an Act of any other province or territory; or (

b) was imported by a person prohibited from doing so pursuant to the Cannabis Act (Canada); “Indian band” means a band as defined in the Indian Act (Canada) and includes the council of a band; “justice” means a justice of the peace or a provincial court judge; “minister”, except in

section 2-17, means the member of the Executive Council to whom for the time being the administration of this Act is assigned; “ministry”, except in

section 2-17, mean s the ministry over which the minister presides;

CANNABIS CONTROL (SASKATCHEWAN) ACT 4 “minor” means a person under the age of 19; “organization” means an organization as defined in the regulations; “permittee” means a person who is issued a cannabis permit, and includes an employee or agent of a permittee, if applicable; “person” includes a partnership, an uninco rporated association and any other prescribed entity; “police officer” means a member of the Royal Canadian Mounted Police, a member of a police service as defined in The Police Act, 1990 or a member of any prescribed category of peace officers; “prescribed” means prescribed in the regulations; “private place” means: (

a) the following places that are genuinely and actually occupied and used as a private residence: (

i) a house or building or any part of a house or building; (ii) a trailer, camper, mobile home, tent or any combination of them; (iii) a cottage or cabin or similar construction designed for use on a seasonal basis; (iv) a moored vessel; (

v) a private guest room in a hotel or motel; (

b) subject to subsection (4), in the case of any place mentioned in subclause (a)(i), (ii) or (iii), the appurtenant land or, in the case of a farm, the lands constituting the farm; or (

c) any other prescribed place; “public place” means: (

a) a place or building to which the public has or is permitted to have access; (

b) a park, playground, cinema, outdoor theatre or other place of public resort or amusement; (

c) a highway, road, street , lane or thoroughfare; (

d) any unoccupied land or building; (

e) in relation to a person who enters occupied land or an occupied building without the consent of the occupant, the land or building so entered; (

f) a conveyance while it is at, in or on any place, building, thoroughfare or land that by virtue of this definition is a public place; or (

g) any other prescribed place; “school or independent school” means a school or an independent school as defined in The Education Act, 1995; “vehicle” means vehicle as defined in The Traffic Safety Act.

CANNABIS CONTROL (SASKATCHEWAN) ACT 5

(2) For the purposes of this Act, dried cannabis is a class of cannabis.

(3) For the purposes of this Ac t, a quantity referred to in Column 2 of

Schedule 3 with respect to any class of cannabis referred to in Column 1 of that

Schedule is deemed to be equivalent to 1 gram of dried cannabis.

(4) Clause (

b) of the definition of “private place” applies only to the owner or tenant, under a lease of at least 30 days, of the place described in that clause, or to the family, employee or bona fide guest of that owner or tenant. Illicit cannabis prohibited 1-3 Subject to

section 4-13, nothing in this Act authorizes the possession, consumption, sale, transportation or distribution of or any other form of dealing with illicit cannabis. No application to cannabis for medical purposes 1-4 Unless otherwise prescribed, this Ac t does not apply to the consumption, possession, distribution, purchase or sale of cannabis for medical purposes that occurs in accordance with the requirements of the applicable federal law.

PART 2 Possession, Distribution and Consumption of Cannabis DIVISION 1 Minors No possession, consumption, etc., by minors 2-1(1) Unless authorized by this Act or the regulations, no minor shall: (

a) purchase or attempt to purchase cannabis, directly or indirectly; (

b) possess cannabis; (

c) consume cannabis; (

d) sell cannabis to any other person or organization; (

e) distribute cannabis to any other person or organization; (

f) except as authorized by the cannabis permit issued respecting a premises, be in or remain in a premises for which the cannabis permit has been issued; (

g) present false identification when attempting to purchase cannabis from a person lawfully authorized to sell cannabis; or (

h) present false identification when attempting to gain access to or to remain in a premises for which a cannabis permit has been issued.

(2) Subject to the regulations, a police officer may seize from a minor any cannabis or anything that the police officer believes, on reasonable grounds, constitutes evidence of a contravention of this Act or the regu lations whether or not the minor is charged with an offence. Offence by minor 2-2(1) This

section and subsection 2-6(3) do not apply to a minor who is under the age of 12.

(2) A minor who contravenes

section 2-1 is guilty of an offence and liable on

summary conviction to a fine of not more than $2,000.

CANNABIS CONTROL (SASKATCHEWAN) ACT 6 Employment of minors by Cannabis Authority 2-3(1) Subject to the minimum age requirements established pursuant to The Saskatchewan Employment Act , the Cannabis Authority may employ or engage minors for the purpose of monitoring compliance with the provisions of this Act and the regulations respecting the possession, consumption, transportation, distribution, sale and handling of cannabis to or by minors.

(2) If a minor is employed or engaged by the Cannabis Authority for the purpose mentioned in subsection (1), clauses 2-1(1)(a), (b), (f), (

g) and (

h) do not apply to the minor while the minor is performing his or