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Difference between revisions of "Possession of Marijuana"

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{{Dial-A-Law TOC|expanded = criminal}}
{{Dial-A-Law TOC|expanded = criminal}}
==Is possession of marijuana a criminal offense?==
==Is possession of marijuana a criminal offense?==
Yes. Possession of marijuana is a criminal offense under the ''Controlled Drugs and Substances Act'' (available at [http://laws.justice.gc.ca 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.
Yes. Possession of marijuana is a criminal offense under the ''[http://laws-lois.justice.gc.ca/eng/acts/C-38.8/index.html Controlled Drugs and Substances 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.
 
==Medical exception for up to 150 grams of dried marijuana==
You can legally have up to 150 grams of dried marijuana for medical purposes—if you get a document (like a prescription) from a doctor. If you have more than that, you can still be charged. [http://www.hc-sc.gc.ca/dhp-mps/marihuana/index-eng.php Health Canada’s website] explains the medical use of marijuana (including the [http://www.laws-lois.justice.gc.ca/eng/regulations/SOR-2013-119/page-1.html regulations]) and [http://www.hc-sc.gc.ca/dhp-mps/marihuana/access-acceder-eng.php how to get marijuana legally for medical purposes]. Once you have the document from a doctor, you have to register with, and order from, a licensed producer. The marijuana is then delivered to you. The Health Canada website also explains how to [http://www.hc-sc.gc.ca/dhp-mps/marihuana/info/index-eng.php apply for a license to produce medical marijuana].
 
But stores in Vancouver and other cities are now selling marijuana directly to customers who walk in. They are not complying with the medical-exception rules. And the new federal government has said it will legalize and regulate the sale of marijuana for recreational use. So the law in this area will probably continue to change. You should get legal advice if you want to obtain marijuana legally.


==What must the prosecutor prove to convict you? What can you do?==
==What must the prosecutor prove to convict you? What can you do?==
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[updated January 2014]
[updated January 2014]


'''The above was last reviewed for accuracy by Jordan Allingham and Paul Briggs, and edited by John Blois.'''


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