Possession of Marijuana

Is possession of marijuana a criminal offense?

Yes. Possession of marijuana is a criminal offense under the Controlled Drugs and Substances Act (available at laws.justice.gc.ca - click on “English”, then on “Consolidated Acts”, then on letter “C”, and then scroll down to the Act). You don’t have to own the marijuana – you just have to have, or possess, it. There are medical exceptions. If you are charged with possession of marijuana, you should speak to a lawyer.

What must the prosecutor prove to convict you? What can you do?

In court, the prosecutor, also called the crown counsel (Crown), must prove – beyond a reasonable doubt – that you:

• had control of the marijuana – for example, the police found it on you or in an area you controlled, such as a car, suitcase, or bedroom, and
• knew the marijuana was there.

If the Crown proves both these things, the judge will convict you. To prove these things, the Crown will have witnesses – normally the police officer who arrested you – tell the court (or testify) about the situation when they found the marijuana on you. Witnesses testify under oath, meaning they promise to tell the truth. You can question, or cross-examine, each witness the Crown uses.

After the Crown finishes, you – and your witnesses, if you have any – can tell the court what happened. To do this, you have to take an oath promising to tell the truth, and then give evidence as a witness. If you have any witnesses who saw what happened and who can support your story, you can call them to testify, or give evidence. They also have to promise to tell the truth. You then question them about what they know. When you and your witnesses finish giving evidence, the Crown can question, or cross-examine, you and them.

Lastly, you and the Crown summarize your positions by making “submissions” to the court. For more information, check script 211, called “Defending Yourself Against a Criminal Charge”, and script 212, called “Pleading Guilty to a Criminal Charge”.

Is the amount of marijuana important?

Yes – a small amount is less serious. The more you have, the greater the chance that you may be charged with possession for the purpose of trafficking, a more serious offense with more serious penalties. The way the marijuana is packaged is also important.

What are the penalties?

For a first conviction, if you had less than 30 grams of marijuana, the maximum penalties are a fine of $1000 or 6 months in jail, or both. But the penalty for a first offense is usually much less.

You may also get a criminal record. That can prevent you from traveling to other countries, getting certain jobs, being bonded (which some jobs require), and applying for citizenship. Check script 205, called “Criminal Records and Applying for a Record Suspension”, for more information.

If it is your first offence, ask the judge for a discharge or ask the Crown for diversion (or alternative measures). If you meet the conditions of the discharge or if you complete the alternative measures, you will not get a criminal record. For more on discharges, check script 203, called “Conditional Sentences, Probation and Discharges”. For more on diversion, check script 212, called “Pleading Guilty to a Criminal Charge”.

The legal issues for this crime can be complex and a conviction can seriously harm you. If you are charged with this crime, you should talk to a lawyer.

[updated January 2014]

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The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

In law, the right to have the control and use of a thing. One can have a right to the possession of a thing without owning it, as in the case of a car lease, or ownership without possession, as in the case of a landlord who rents an apartment suite. See "ownership."

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

(1) A lawyer, or (2) the advice given by a lawyer to their client.

In law, (1) the federal and provincial governments and their departments and agencies, or (2) lawyers employed by the federal and provincial governments to prosecute criminal offences.

A person appointed by the federal or provincial government to manage and decide court proceedings in an impartial manner, independent of influence by the parties, the government, or agents of the government. The decisions of a judge are binding upon the parties to the proceeding, subject to appeal.

In law, a guarantee of the truth of a statement secured by one's faith in a god, and the prospect of torment in the afterlife in the event the promise is falsely made. People making affidavits and giving oral evidence in court will often give their evidence under oath. See "affidavit," "affirm," "perjury" and "witness."

A person with direct, personal knowledge of facts and events relevant to the issues before the court; a person giving oral evidence in court on oath or affirmation as to the truth of the evidence given. See "affirm," "evidence," "oath" and "opinion evidence."

Facts, or proof tending to support the existence of facts, presented to a judge at a hearing or trial. Evidence can be given through the oral testimony of witnesses, in writing as business records and other documents, or in the form of physical objects. Evidence must be admissible according to the rules of court and the rules of evidence. See "circumstantial evidence," "hearsay" and "testimony."