Cannabis (marijuana) offences
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./$5,000 fine | 5 yrs. less a day | |
| Possession by adult of cannabis they know is illicit | 8(1)(b) | H | yes | 6 mos./$5,000 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./$5,000 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./$5,000 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 by adult of cannabis to young person | 9(1)(a)(ii) | 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 by organization | 9(1)(d) | H | $100,000 fine | fine, in court’s discretion | ||
| Possession for the purpose of distributing | 9(2) | H | yes | 6 mos./$5,000 fineor 18 mos./$15,000 fine where the possession is for the purpose of distributing to a young person | 14 yrs. |
*Distributing includes administering, giving, transferring, transporting, sending, delivering, providing or otherwise making available in any manner, whether directly or indirectly, and offering to distribute
