Ontario has abruptly put a hold on new regulations that would have snuffed out smoking or vaping in medical marijuana lounges, giving the incoming Doug Ford government time to sort through the contentious rules.
Jon Liedtke, co-owner of Windsor’s Higher Limits cannabis lounge, was happy Tuesday to hear the news. Faced with changes to the Smoke Free Ontario Act that would have threatened his business, he was planning to flout the new rules.
“I had expected that it wouldn’t be enforced and the fact that the ministry is saying now that it’s all on pause, that’s some of the best relief that I’ve heard in a while,” he said.
Ontario’s Ministry of Health and Long-Term Care told the Star Tuesday it is pausing new rules banning cannabis smoking or vaping in a wide range of places, after they took effect July 1.
“The changes to the Smoke Free Ontario Act that were set to come into effect on July 1, 2018, are being paused to give the new government the opportunity to carefully review the new regulations related to vaping,” a ministry spokesperson said in an email.
The new Smoke Free Ontario Act states that medical cannabis is used for its “therapeutic benefits,” and will continue to be treated differently than recreational marijuana. But that doesn’t mean the government isn’t harbouring concerns about it.
“A primary concern of the government is to protect everyone from the potentially harmful effects of medical cannabis second-hand smoke and vapour,” the new act states.
It is in that spirit that the province has made additions to the act, prohibiting smoking medical cannabis beyond where it forbids tobacco.
E-cigarettes and smoking or vaping medical cannabis will be barred in the same places tobacco is banned, including “enclosed workplaces and enclosed public places.”
But it will also be forbidden in areas “around outdoor restaurants and bar patios, and areas around schools and children and youth recreational facilities.”
Before learning that the changes had been put on hold, Liedtke said he would not shut down and planned to fight the rules if necessary.
“I don’t plan on telling my customers not to take their medication, nor my employees,” he said.
He acknowledged that the Smoke Free Ontario Act bans “combustion” and “vapourization” inside a business. But there is another government act to consider, he said.
“Under the Ontario Human Rights Act, I have an obligation as a proprietor to not only my employees but my customers to accommodate their medical needs,” said Liedtke. “So I can’t tell someone not to take their medication.”
“I’m hopeful it never gets to a point where we have to officially challenge this. I would hope the government can go and introduce amendments to this legislation that are common sense.”
Despite the rule initially taking effect on July 1, Liedtke said Tuesday he had not heard from the health unit that any changes were required.
“They have not made us aware of any changes in terms of enforcement and how they’re going to be dealing with us,” he said. “I understand on a plain reading of the legislation it seems pretty clear. But for the past three weeks the tobacco unit was going to all the restaurants in the downtown core and letting them know about their obligations under this change. We still haven’t heard from them.”
The Windsor-Essex County Health Unit said Tuesday it won’t take any action until it receives further instruction from the province.
“Pending changes to the Smoke-free Ontario Act (SFOA) and Electronic Cigarettes Act (ECA) are currently paused until we receive further direction from the Ministry of Health and Long-term Care,” Theresa Marentette, the health unit’s acting CEO and director of health protection, said in an email. “In the interim, the SFOA and ECA which were in place prior to July 1 will remain in effect. Businesses impacted by this pause are being contacted with this information.”
Province pauses new rules outlawing cannabis lounges for medical users | Windsor Star
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