On March 17, 2020 the Premier of Ontario declared a state of emergency in Ontario and ordered the closure of non-essential businesses in the province. Authorized cannabis retail stores were initially deemed essential businesses. On April 3, 2020 a revised list was issued, further reducing the number of essential businesses. Cannabis retail stores are among the businesses that have been ordered to close as of April 4, 2020.
To continue the fight against the illegal cannabis market and support cannabis retail store operators and legal recreational cannabis consumers, the Government of Ontario has issued an Emergency Order to temporarily allow authorized cannabis retail stores to offer delivery and curbside pick-up. These changes are effective immediately and will last for the duration of the period of declared provincial emergency, with the possibility of extension if the government’s Emergency Order on business closures is extended.
Key Requirements:
- Products for delivery and curbside pick-up are limited to cannabis and other things permitted for sale at a cannabis retail store.
- The maximum purchase amount of 30 grams of dried cannabis (or equivalent) per person remains in place.
- The permitted hours of sale, delivery and curbside pick-up are from Monday to Sunday, between the hours of 9 a.m. and 11 p.m.
- Retailers must continue to comply with all laws, including the Registrar’s Standards for Cannabis Retail Stores. For instance, retailers must continue to ensure cannabis is not sold or delivered to anyone under 19 or who appears to be intoxicated, and that cannabis is securely stored.
- Only the licence holder or their direct employees are permitted to be involved in the sale and/or delivery of cannabis and must hold a certification from CannSell.
- Cannabis must be provided in its original packaging and delivered to the customer in a way that ensures the contents are not visible to minors.
Additional Key Requirements for Curbside Pick-up:
- Customers must order and pay for their products by phone or online. Payment must be completed at the time of the order, in advance of pick-up.
- The retailer or employee must ask for and inspect identification if they suspect a customer is under 25 years old.
- The individual picking up the cannabis must be the same individual who purchased the cannabis.
- The location for picking up the cannabis and other things must be an outdoor area in close proximity to the retail store. Customers are not allowed into the store.
- Store staff may only distribute cannabis to customers in areas that are clearly captured by the store’s surveillance cameras.
- Licensees must comply with all government directives concerning social distancing. The AGCO encourages licensees to continue practicing social distancing and to make efforts to promote a safe distance between customers in curbside lineups.
Additional Key Requirements for Delivery:
- Retailers may not use the services of a third-party for the purpose of delivery.
- Customers must order and pay for their products by phone or online. Payment must be completed at the time of the order, in advance of delivery.
- The licensed retailer or employee must deliver the cannabis to the residential address specified in the order.
- Cannabis must be delivered to the purchaser or another person who lives at the address provided and who is at least 19 years of age.
- Retailers are permitted to charge for delivery.
- Cannabis and accessories must be kept secure up until the point of distribution to a customer. For instance, the storing of undelivered cannabis and/or accessories overnight in a vehicle will not satisfy the AGCO’s requirements for secure storage.
- Retailers must record and retain the name and address of the purchaser and the residential address where any cannabis is delivered (Registrar’s Standard 8.1.8)
- Cannabis is not permitted to be sold for delivery to specified First Nations reserves which have passed resolutions prohibiting such activity.
