Marijuana isn't an illegal substance in Vancouver (or anywhere in Canada), but some specific locations don't have the green light for consumption from the government.
Vancouver criminal law lawyer Kyla Lee says smoking cannabis is permitted nearly anywhere people are legally allowed to smoke cigarettes, even if children might be around.
"The exception to that is any areas abutting school property - so sidewalks and roadways and walking paths alongside schools," Lee tells V.I.A.
Lee notes an important caveat: municipalities may regulate smoking through bylaws that also apply to B.C. cannabis consumption. Under provincial regulation, people can't smoke cigarettes near doorways, windows, or air intakes.
People can't smoke cannabis in several public spaces, including healthcare facility properties, school properties, indoor public spaces, or workplaces.
"You also cannot smoke it at bus stops and 'similar places,'" Lee says, such as spots like train stations or ferry terminals.
"Health facility properties have an exception for people in care or residents of long-term care who use a designated cannabis smoking space (if one is available)," she adds.
The City of Vancouver's regulations on smoking are contained in section 2.2 of the Health Bylaw.
Can you smoke marijuana in cars or boats in Vancouver?
There is "an outright ban on smoking cannabis in vehicles," so folks looking to spark up in parked cars may want to think twice, explains the lawyer. It is also illegal to operate a vehicle with someone smoking in it.
"It is arguable that this may not apply if you're on your own private property, but the Act defines operation as 'being in care and control' so that would include sitting in a parked vehicle," Lee notes.
"The definition of 'public place' includes vehicles that are in view of the public. So your vehicle would have to be parked really far away from the road and behind something, or in your garage."
People can drive with cannabis in a vehicle (that they aren't smoking) but it must be stored in sealed government packaging.
Minors may not operate vehicles that have cannabis in them, even if it is stored in sealed government packages, and out of reach of them or anyone else, Lee adds.
People on boats must follow the same rules unless they have sleeping compartments and toilets and are used as permanent or temporary residences.
"They must be moored and anchored and the person using cannabis cannot be operating the boat but merely a passenger," she says.
B.C. cannabis regulations prohibit smoking in places including provincial parks, and regional and municipal parks. However, the Vancouver Charter permits the Park Board to designate areas in municipal parks for cannabis consumption. It is also allowed in campsites, subject again to specific campsite rules.
Vancouver Park Board Smoking Regulation Bylaw
The Park Board Smoking Regulation Bylaw prohibits smoking in Vancouver parks and park areas, including:
- On parkland
- On seawalls and beaches
- In buildings in parks, except caretaker residences
- In customer service areas in parks
- In vehicles for hire in parks
- On public transit in parks
- In shelters in parks where people wait to board vehicles for hire or public transit
The minimum fine for smoking in a Vancouver park or other regulated outdoor space is $250.
Park Rangers, city bylaw enforcement officers, and Health Inspectors can issue tickets to offenders breaking the bylaw.
The Park Board says areas not listed that are included in the bylaw include:
- Sport fields, courts, ball diamonds
- Playgrounds
- Pathways and trails
- Public golf courses, including clubhouses and patios
- Park restaurants and patios
- Parking lots within park boundaries
- In personal vehicles within park boundaries
- Foreshore areas, the shallow water along the shore
