Cannabis Information for Residents

Recreational cannabis use is legal in Canada and is governed by the following legislation:

Cannabis regulations in Whitby

According to the Cannabis By-law, the smoking of cannabis is prohibited in public places, including:

Municipal buildings and property that contains a municipal building
Parks and park buildings
Libraries and properties that contain a library
Public and private parking lots
Schools, daycares and other child care facilities
Retail, commercial and business establishments

Retailers

The Town of Whitby, after consulting with residents, decided not to allow private cannabis retailers to operate within our community.

Please contact us if you have questions about the private sale of recreational cannabis in Whitby.

Frequently asked questions

Review frequently asked questions about recreational cannabis.

Where can I legally purchase cannabis?

In Ontario, you can purchase cannabis online through the Ontario Cannabis Store or through a private retail store.

How are private cannabis retail stores licensed and regulated?

According to the Cannabis Licence Act, the Alcohol and Gaming Commission of Ontario licences and regulates private retail stores in Ontario.

Why did Whitby opt out of the having private cannabis retail stores?

In addition to the lack of municipal control, the following local issues and concerns related to private retail cannabis stores were noted by Town Council and the Town as needing to be addressed:

Total number of storefronts – despite the current phased approach to issuing licences, there is no local control over the number of storefronts that could be licensed (and opened) in each municipality in the future.
Private retail, instead of government operated – private retailers will be permitted to sell recreational cannabis, as opposed to having government-operated establishments as is done currently with alcohol through the LCBO.
Lack of meaningful funding – the current proposed level of provincial funding is not a fair revenue split for municipalities to address cannabis legalization. There is also no funding currently dedicated beyond the next two years. The province – and the federal government – should do more to provide municipalities with meaningful sustained cannabis revenues.
Location of storefronts – provincial regulations set no minimum distance between cannabis retail stores and some potentially sensitive locations, such as daycares and post-secondary institutions. It is also the responsibility of the Town to search for store applications, as the AGCO (Alcohol and Gaming Commission of Ontario) will not provide direct notification. Municipalities only have 15 days to comment on proposed locations, and comments are limited to certain topics and are not binding.
Hours of operation – private retail recreational cannabis stores will be permitted to open between 9 a.m. and 11 p.m. under the new extended hours that were announced in December 2018 for the LCBO and the Beer Store. There is no local control over hours of operation.

Do municipalities have the authority to regulate the location of private cannabis retail stores?

No. The Alcohol and Gaming Commission of Ontario (AGCO) will post notice of each application to license a private cannabis retail stores in a searchable database. As a municipality, the Town of Whitby only has 15 days to submit comments to the AGCO.

Will retail stores be located near schools?

Provincial regulations have set a minimum of 150 m between cannabis retail stores and schools, including private schools. These regulations don't apply to daycares and post-secondary institutions.

Is there a cap on the number of private cannabis retail stores that can open in a municipality?

No. The AGCO has no cap on the number of storefronts that could be licenced.