Currently, only medical cannabis/marijuana can be licensed for use or sale under federal legislation. Until the new federal law is passed, any growing, sale or use of cannabis, other than under medical license, is still illegal.

Under the new proposed federal Cannabis Act, recreational cannabis would be legal. An individual could grow up to four (4) plants per household and commercial operators could apply for licenses to grow and/or sell cannabis for recreational use. The federal law is scheduled to be passed on October 17, 2018, but may take longer.

The new federal law would set basic standards and regulations. First Nation, Provincial and Municipal governments will be able to further restrict cultivation and sale if they wish. B.C. is proposing regulations to license stand-alone stores to sell cannabis. It appears these will be managed through the Liquor Distribution Board but kept separate from liquor stores.

The Land Code does not mention cannabis/marijuana. If First Nations do decide to allow cultivation or sale of cannabis on Reserve Lands, it is likely First Nations could charge relatively high permit fees. The justification could parallel what Canada and B.C. had done in proposing high surtaxes to pay for education and enforcement.