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./$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 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
