Cannabis: Illegal Possession, Distribution, Sale and Cultivation

S=Summary H=Hybrid I=Indictable

Offence description Cannabis Act Section S/H/I Minimum penalty Discharge available Maximum/Penalty (S) Maximum/Penalty (I)
Unauthorized possession in public by adult of cannabis (amount equivalent to over 30 gm of dried cannabis) 8(1)(a) H   yes 6 mos./
$1,000 fine
5 yrs.
less a day
Possession by adult of cannabis they know is illicit 8(1)(b) H   yes 6 mos./
$1,000 fine
5 yrs.
less a day
Possession by young person of cannabis whose weight is equivalent to more than 5 gm of dried cannabis 8(1)(c) H   yes see Youth Criminal Justice Act,
section 42
see Youth Criminal Justice Act, section 42
Possession in public of cannabis plant(s) that are budding or flowering 8(1)(d) H   yes 6 mos./
$1,000 fine
5 yrs.
less a day
Possession of more than four cannabis plants that are not budding or flowering 8(1)(e) H   yes 6 mos./
$1,000 fine
5 yrs.
less a day
Possession of cannabis by an organization 8(1)(f) H     $100,000 fine fine, in
court’s discretion
Distribution* by adult of more than equivalent of 30 gm of dried cannabis; cannabis to an organization; or cannabis they know is illicit 9(1)(a)(i), (iii), (iv) H   yes 6 mos./
$5,000 fine
14 yrs.
Distribution or sale by adult of cannabis to young person 9(1)(a)(ii), 10(1)(b) H   yes 18 mos./
$15,000 fine
14 yrs.
Distribution by young person of cannabis whose weight is equivalent to more than 5 gm of dried cannabis, or cannabis to an organization 9(1)(b) H   yes see Youth Criminal Justice Act,
section 42
see Youth Criminal Justice Act, section 42
Distribution by any person of cannabis plant(s) that are budding or flowering, or more than four cannabis plants that are not budding or flowering 9(1)(c) H   yes 6 mos./
$5,000 fine
14 yrs.
Distribution or sale by organization 9(1)(d), 10(1)(c) H     $100,000 fine fine, in
court’s discretion
Possession for the purpose of distributing or unauthorized sale 9(2) H   yes 6 mos./
$5,000 fine
or 18 mos./$15,000 fine where the possession is for the purpose of distributing or sale to a young person
14 yrs.
Unauthorized sale of cannabis to an adult or organization 10(1)(a), (b) H   yes 6 mos./
$5,000 fine
14 yrs.
Unauthorized importing and exporting of cannabis 11(1) H   yes 6 mos./
$5,000 fine
or $300,000 fine in the case of an organization
14 yrs.
Unauthorized cultivation, propagation and harvesting of cannabis by adult 12(4)**,(5)***,(6)**** H   yes 6 mos./
$5,000 fine
14 yrs.
Unauthorized cultivation, propagation and harvesting of cannabis by young person or organization***** 12(7) H   yes see Youth Criminal Justice Act,
section 42
or $100,000 fine in the case of an organization
see Youth Criminal Justice Act, section 42

*Distributing includes administering, giving, transferring, transporting, sending, delivering, providing or otherwise making available in any manner, whether directly or indirectly, and offering to distribute

**section 12(4) makes it an offence for an adult to cultivate, propagate or harvest (a) a cannabis plant that is from a seed or plant material that they know is illicit cannabis, or (b) more than four cannabis plants at any one time in their dwelling-house

***section 12(5) makes it an offence for two or more adults ordinarily resident in the same dwelling-house to cultivate, propagate or harvest any cannabis plants if doing so results in there being more than four such plants being cultivated, propagated or harvested at any one time

****section 12(6) makes it an offence for an adult to cultivate, propagate or harvest any cannabis plant at a place that is not their dwelling-house or to offer to do so

*****section 12(7) makes it an offence for a young person or organization to cultivate, propagate or harvest any cannabis plant or to offer to do so

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