Cannabis in Hamilton
Since July 1, 2019, Hamilton has banned smoking or vaping cannabis anywhere on city park and recreation property, whether or not a sign is posted. Hamilton only allows legal stores because an opt-out motion failed on an 8-8 tie in January 2019, and the city's first legal store opened on April 20 that year.
Where can you smoke cannabis in Hamilton?
Ontario lets adults smoke cannabis where tobacco smoking is allowed (see the Ontario rules). Hamilton goes further on its own land. By-law 19-164, in force since July 1, 2019, amended the city's parks smoking bylaw so that no one may "smoke or vape tobacco or cannabis or any other substance" on recreation property, and staff can order anyone who does to leave.
The ban applies even when a group has a permit for exclusive use of a park, so a rented pavilion or a festival on city parkland is covered too. Where the bylaw and provincial law differ, the stricter rule wins.
| Place | Allowed? |
|---|---|
| Your own home or private property (owner permitting) | Allowed |
| City parks and recreation property | Not allowed (By-law 19-164) |
| Events or rentals on city parkland | Not allowed, even with a permit |
| Restaurant and bar patios | Not allowed (provincial law) |
| Sidewalks where tobacco is allowed | Allowed under provincial law |
How did Hamilton end up with legal cannabis stores?
Narrowly. City staff recommended opting in, but a council committee first voted 7-6 to opt out. At the full council meeting on January 14, 2019, the opt-out motion ended in an 8-8 tie, which meant it failed and Hamilton stayed opted in by default. A separate opt-in motion then passed 10-6.
The argument for opting out was money and control: councillors wanted a lasting revenue-sharing deal with the province and the power to set distances from parks, daycares and health facilities, not just the provincial 150-metre buffer from schools. Hamilton asked for that power; Ontario never gave it, so stores can open anywhere retail is allowed outside that school buffer.
Does Hamilton regulate cannabis growing?
Yes, in the rural area. After complaints about odour from a large licensed grow in Upper Stoney Creek, council passed By-law 18-266 in September 2018, requiring new or expanding rural cannabis growing operations to sit 150 metres from neighbouring properties. Growers appealed; the last appeal was dismissed in 2020 and the setback took effect. This governs commercial production, not the four plants adults may grow at home under federal law.
How has cannabis in Hamilton changed since 2018?
Two of Ontario's first 25 lottery licences went to Hamilton. The first legal store opened on April 20, 2019, with the mayor at the ribbon-cutting, and a second opened in Dundas six days later. Stores have since spread across the city as provincial caps were lifted.
| Date | What happened |
|---|---|
| September 2018 | By-law 18-266: 150 m rural setback for cannabis growing |
| January 14, 2019 | Opt-out fails 8-8 at council; Hamilton stays opted in |
| April 20, 2019 | First legal store opens |
| July 1, 2019 | Cannabis smoking and vaping banned on park and recreation property |
| 2020 | Rural growing setback takes effect after appeals end |
