The discussion of the legality of cannabis and the ability to make individual choices surrounding the usage of hemp-derived products can be compared to the concept of signed legal agreements governing peoples’ relationships. Much like the ability to access cannabis and the rights involved, there are rules to consider with separation and divorce in Ontario. Being informed regarding the law is key to making confident decisions under circumstances of this nature.
Cannabis Laws in Ontario
To see the historical proceed and legislative enactment of Bill C-45, the Cannabis Act, as passed on June 21st, 2018, please click here – Legislation & Proclamations. Enacted on October 17th, 2018, the Cannabis Act legalized the sale and use of marijuana. There are specific exceptions and restrictions to be considered. For instance, there are specific requirements for those who choose to sell these products, which can be read here – Retail Licensing Guide: Cannabis Retail Store Authorization. Those who cultivate cannabis from the seeds may apply for a license here – Application packages for cultivation, processing and sale of cannabis (except for medical purposes). The Government of Ontario maintains the complete legislative package regarding cannabis control and production, please see more here. Consumers are able to navigate the restrictions and regulations here. This website also includes ways to report any suspicious activity and report infractions. It is important to stay informed regarding the use of any city, provincial or federally regulated substance. Stay up to date on LawNow and see what new laws may impact you!
Separation Agreement
A perk for many regarding the legal legalization of cannabis is the explicit understanding that consuming and possessing marijuana is lawful while in your own personal space, and depending on your job and the rights your employer has, consuming cannabis on breaks may be permissible, workplace rules and regulations always come into play. Similarly, a legal agreement between two people is the patterned agreement by which you are both able to collectively agree to a decision, even if you happen to be separated or divorced. Separation Agreements aid in a smooth adjustment to life apart, while Living Together Agreements (if you are not yet married) do the same, but in the situation where you and your partner live together. These are meant to provide clarity regarding handling issues after you have both agreed that the relationship is not working. Separation Agreements easily merge with the known concept of pre-nuptial agreements, which are done before marriage, and post-nuptial agreements, which are after marriage. There is the further option of a cohabitation agreement, which is done before you decide to marry. You may choose to add any clauses you feel are necessary to address; for example, there may be information surrounding how to handle the distribution of belongings if there is a separation, although children top the list in terms of considerations in an agreement.
Having an accurate understanding of what the separation agreement covers is important, as there are many common misconceptions about both cannabis laws and what a separation agreement covers. Both are meant to provide rules and structure to ensure problems do not arise in the first place.
Misconceptions
Both cannabis and separation agreements are usually shrouded with misconceptions. In the case of cannabis, there is the belief that the law is never enforced, or that cops will never issue a ticket. This was certainly the case in the intoxicated driving DUI world, where bills for drunk drivers were essentially eradicated in 2019. Committing an offence, however, does not mean you will not get sent on your way and not be fined. Being educated as a consumer on the law means better lifestyle choices and accountable behavior in the long run. The key misconception of a separation agreement is that some people believe they are simply optional and can be disregarded to ensure an amicable separation. The difficulty lies in the fact that family law is subject to the interpretation of case law and the provision of their individual preceding precedents, meaning that it is not a black and white concept in the application of the law. This means the more you prepare and understand your legal rights and responsibilities, the less liability you are, and the more informed the decision.
To Have and to Hold
A separation agreement is a legally binding contract that was created to protect you and accommodate your expectations. By having everything clearly laid out, there is little room to be dishonest. Should you go to court, the clearer the documentation, the more secure you will feel that you trust the person you are trusting to enforce the agreement. In general, the law is there to protect individuals at the most difficult times in their lives, so that nobody takes advantage of you. Getting to know your rights, your obligations and your responsibilities as per what the law states, for example with a comprehensive sample separation agreement in Ontario, is an excellent way to see that you are covered both from the legal perspective and within your personal capacity.
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