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Difference between revisions of "Possession of Marijuana"
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Possession of Marijuana (view source)
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{{Dial-A-Law TOC|expanded = criminal}} | {{Dial-A-Law TOC|expanded = criminal}} | ||
==Is possession of marijuana a criminal offence?== | ==Is possession of marijuana a criminal offence?== | ||
'''Federal law'''—on October 17, 2018 the new federal marijuana law, the ''[https://laws-lois.justice.gc.ca/eng/acts/C-24.5/ Cannabis Act]'' came into force. Under this law, a person 18 years or older can possess up to 30 grams of legal cannabis, which is defined as dried cannabis, so it does not include edible cannabis products (they will be legal in about another year, the federal government says). The law also allows any young person between 12 and 18 years old to possess up to 5 grams. You do not have to own cannabis to possess it. The federal government summarizes current law (and enforcement of it) on its [http://www.justice.gc.ca/eng/cj-jp/marijuana/law-loi.html website]. | |||
'''BC law'''—under the BC ''[http://www.bclaws.ca/civix/document/id/complete/statreg/18028 Cannabis Distribution Act]'', and the BC ''[http://www.bclaws.ca/civix/document/id/complete/statreg/18029 Cannabis Control and Licensing Act]'', the legal age to possess cannabis is 19. So in British Columbia, it is illegal for a person under ''''19 years old''' to possess or distribute cannabis. And it is illegal for a person '''19 years''' or older to possess more than 30 grams of legal cannabis and distribute more than 30 grams of legal cannabis. The BC government summarizes current law (and enforcement of it) on its [https://www2.gov.bc.ca/gov/content/safety/public-safety/cannabis website]. | |||
If you buy cannabis from a licensed supplier, you can use it legally, but you must still comply with provincial laws and bylaws and other restrictions on its use in public spaces. | |||
'''Distribution'''—it is illegal for a person 19 years of age or older to distribute (to sell or give in any manner) legal cannabis to anyone under the age of 19. The penalties for these offences can include jail time up to 14 years. | |||
'''Over 30 grams'''—if you possess or distribute more than 30 grams of cannabis but less than 50 grams, the police can detain you and give you a ticket. If you are a young person under 19 and you possess or distribute more than 5 grams of legal cannabis, the police could ticket you. The penalty is a $200 fine plus a victim fine surcharge. If you pay the fine in full, you won’t get a criminal record. But if you don’t pay the fine or you dispute the ticket but fail to attend your hearing, you will be found guilty and must pay the fine within 60 days. Then you will have a record that can be used against you. | |||
If you have more than 50 grams of cannabis in your possession you can be prosecuted under the ''[http://laws-lois.justice.gc.ca/eng/acts/C-38.8/index.html Controlled Drugs and Substances Act]''. It’s a '''hybrid offence''', meaning that the prosecutor can treat it as a less serious, '''summary offence''' or a more serious, '''indictable offence'''. You would normally get bail while awaiting trial, unless you had a criminal record. | |||
''''Working in the cannabis industry'''—to work in the legal cannabis industry, you must be licensed and work for a licensed facility to possess and distribute more than 30 grams of legal cannabis. There is no automatic exclusion for cannabis workers, so if you sell cannabis to a minor you can be prosecuted if you fail to take reasonable steps to find out how old they are. Similarly, if you distribute more than 50 grams of cannabis to an unauthorized or unlicensed retailer or distributor of cannabis, you can still be prosecuted. | |||
==Time limits== | ==Time limits== | ||
For summary offences, the time limit to charge someone is 6 months. For indictable offences, there’s no time limit. | For summary offences, the time limit to charge someone is 6 months. For indictable offences, there’s no time limit. | ||
==Medical exception for up to 150 grams of dried marijuana== | ==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 [ | 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 [https://www.canada.ca/en/health-canada/topics/accessing-cannabis-for-medical-purposes.html how to get marijuana legally for medical purposes] (buy it or produce it). 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 [https://www.canada.ca/en/health-canada/services/drugs-health-products/medical-use-marijuana/licensed-producers/application-process-becoming-licensed-producer.html how to become a licensed producer of cannabis for medical purposes]. | ||
==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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==What are the penalties?== | ==What are the penalties?== | ||
Penalties for possession over the limit depend on the amount: tickets for smaller amounts and to 5 years in jail for larger amounts. | |||
Penalties for over 30 grams, depend on how the Crown proceeds. If it treats it as an indictable offence, the penalties are higher: up to 5 years less a day, in jail. | Penalties for over 30 grams, depend on how the Crown proceeds. If it treats it as an indictable offence, the penalties are higher: up to 5 years less a day, in jail. | ||
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 [[Criminal Records and Applying for a Record Suspension (Script 205)|205]], called “Criminal Records and Applying for a Record Suspension”, for more information. | 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 [[Criminal Records and Applying for a Record Suspension (Script 205)|205]], called “Criminal Records and Applying for a Record Suspension”, for more information. | ||
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[updated | [updated October 2018] | ||
'''The above was last reviewed for accuracy by | '''The above was last reviewed for accuracy by Paul Briggs and edited by John Blois.''' | ||
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