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{{Dial-A-Law TOC|expanded = criminal}}
{{Dial-A-Law TOC|expanded = criminal}}
==Is possession of marijuana a criminal offence?==
It is legal in British Columbia for adults to possess marijuana (up to certain quantities). There are restrictions on where you can use it and how you can buy it.  
'''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].Breaking the BC law is not a criminal offense. Instead, it’s like breaking the ''Liquor Control and Licensing Act'', which can result in a fine and possible jail time. But you don’t get a criminal record.
==Understand your legal rights==


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.
===It is legal to possess marijuana (up to certain quantities)===
In October 2018, new marijuana laws came into effect. The combined effect of the federal ''[http://canlii.ca/t/944x Cannabis Act]'' and the BC ''[http://canlii.ca/t/91rl Cannabis Control and Licensing Act]'' is that in British Columbia, it is legal for adults (age 19 or over) to carry up to '''30 grams of cannabis''' in a '''public place'''.


'''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.
Adults can possess up to '''1,000 grams''' of cannabis in a '''non-public place''', such as at their home. This limit is per household and is based on the expected yield from four cannabis plants. (Under the marijuana laws, adults can grow up to four cannabis plants per household.)


'''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.
These maximum amounts apply only to '''dried cannabis'''. The amounts are different for cannabis in other forms, like fresh cannabis or cannabis oil. They’re also different for medical marijuana (as we explain shortly).  


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.
===Using marijuana in public===
Adults (age 19 or over) can generally smoke or vape cannabis in public spaces where tobacco smoking is allowed.  


'''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.
Under [http://www.bclaws.ca/civix/document/id/complete/statreg/18029#section63 BC law], using cannabis is '''not allowed''' in the following '''public places''':
*Playgrounds, sports fields, skate parks, swimming pools, or any deck, seating or viewing areas associated with these places.
*Public buildings, workplaces, or common areas of apartments or condos, and within six metres of doorways, windows and air intakes attached to these places.
*Within six metres of bus stops, transit shelters, train stations, ferry docks and similar places.
*Regional, provincial and municipal parks, except for designated areas.
*Public patios. (There are some liquor establishments in BC with a tobacco smoking area on their patio. Cannabis '''cannot''' be smoked or vaped there.)


==Time limits==
Using cannabis is '''not allowed on school properties''', as well as any adjacent sidewalks or boulevards.
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==
Local governments can also put restrictions on the use of cannabis in public spaces.
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?==
{| class="wikitable"
In court, the prosecutor, also called the crown counsel (Crown), must prove 3 things beyond a reasonable doubt: knowledge, consent, and control. The Crown does this by proving that you:
|align="left"|'''Tip'''
*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
Smoking or vaping cannabis is not allowed inside bars or restaurants in BC. This is because no one can smoke or vape cannabis in a substantially or fully enclosed workplace.
*knew the marijuana was there, and
|}
*consented to having the marijuana in that place.


If the Crown proves all 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.
===Using marijuana in a vehicle===
Under [http://www.bclaws.ca/civix/document/id/complete/statreg/18029#section65 BC law], you can’t use cannabis in a '''vehicle'''. That is so whether you are driving or a passenger. And you can’t operate a vehicle if another person is smoking or vaping cannabis in the vehicle.


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.
There is an [https://www.canlii.org/en/bc/laws/regu/bc-reg-204-2018/latest/bc-reg-204-2018.html#sec15_smooth exception] to this rule. You can use cannabis in a vehicle being used as a private residence and parked in an area where camping is allowed (a camper or trailer, for example).


Lastly, you and the Crown summarize your positions by making “submissions” to the court. For more information, check script [[Defending Yourself Against a Criminal Charge (Script 211)|211]], called “Defending Yourself Against a Criminal Charge”, and script [[Pleading Guilty to a Criminal Charge (Script 212)|212]], called “Pleading Guilty to a Criminal Charge”.
===Using marijuana for medical purposes===
If you are authorized by a health care provider to use marijuana for medical purposes, you can possess higher quantities of marijuana in public places. You can legally have up to '''150 grams''' of dried cannabis, or a 30-day supply, whichever is lower.  


==Is the amount of marijuana important?==
You need to:
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 offence with more serious penalties. The way the marijuana is packaged is also important.
#Have a [https://www.canada.ca/en/health-canada/services/drugs-medication/cannabis/licensed-producers/sample-medical-document-marihuana-medical-purposes-regulations.html medical document from a health care provider] recommending cannabis to treat your symptoms (similar to a prescription).
#[https://www.canada.ca/en/health-canada/services/registering-produce-cannabis-own-medical-purposes.html?_ga=2.5047220.662103097.1538403727-1930675482.1531945284 Register with Health Canada] to produce cannabis for your own medical purposes, or [https://www.canada.ca/en/health-canada/services/drugs-medication/cannabis/industry-licensees-applicants/licensed-cultivators-processors-sellers.html register with a licensed producer] who you buy your marijuana from.  


==What are the penalties?==
Under [https://www.canlii.org/en/bc/laws/regu/bc-reg-204-2018/latest/bc-reg-204-2018.html#sec20_smooth BC law], there are exemptions for use of medical marijuana on school property, and on inter-city buses, trains and boats. You must meet specific requirements, such as carrying proof you can possess medical marijuana.
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.
===Buying marijuana===
Cannabis is legally sold at licensed retailers and the [https://www.bccannabisstores.com/ BC government’s online store]. Licensed retailers are required to display a valid licence where it is visible to the public.


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.
All legal non-medical cannabis has an '''excise stamp''' attached to its packaging. Federally-licensed producers apply the excise tax stamp for British Columbia. [https://www.canada.ca/en/revenue-agency/campaigns/cannabis-taxation.html#wdtmfc Each province has a different coloured cannabis excise stamp] for products sold in their jurisdiction. If the product does not have a British Columbia stamp it is not legal for sale in BC.  


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 [[Conditional Sentences, Probation and Discharges (Script 203)|203]], called “Conditional Sentences, Probation and Discharges”. For more on diversion, check script [[Pleading Guilty to a Criminal Charge (Script 212)|212]], called “Pleading Guilty to a Criminal Charge”.
{| class="wikitable"
|align="left"|'''Tip'''
Cannabis edibles, extracts and topicals are not currently legal for sale in Canada. The federal government intends to legalize the sale of these cannabis products by October 2019. A draft set of rules were released as part of a [https://www.canada.ca/en/health-canada/programs/consultation-strict-regulation-edible-cannabis-extracts-topicals.html public consultation].
|}


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.
===If you possess more than the legal limit===
Under [http://www.bclaws.ca/civix/document/id/complete/statreg/18029#section52 BC law], it is illegal to possess '''more than 30 grams''' of dried cannabis in a public place. Breaking this law is not a criminal offence. Instead, it’s like breaking the ''Liquor Control and Licensing Act''. The police can give you a '''ticket''', which can result in a fine and possible jail time. But you don’t get a criminal record. For a first offence, the fine can be up to $5,000 and up to three months in jail.
 
(There is an exemption for medical marijuana. You can legally possess in a public place up to 150 grams of dried cannabis or a 30-day supply, whichever is lower. You must show proof you can possess medical marijuana.)
 
If you have '''more than 50 grams''' of dried cannabis in your possession, you can be charged under the ''[http://canlii.ca/t/7vtc Controlled Drugs and Substances Act]''. This is a criminal offence. It can result in a criminal record.
 
===If you are charged with possession over the legal limit===
In responding to a charge of possessing cannabis over the legal limit, you must decide how to '''plead'''. [[Pleading Guilty to a Criminal Charge (Script 212)|Pleading guilty]] means you accept responsibility for the offence. Pleading “not guilty” means the court will set a '''trial'''.
 
At the trial, the '''prosecutor''' (also called Crown counsel), must prove three things beyond a reasonable doubt: '''knowledge''', '''consent''' and '''control'''. The prosecutor does this by proving that:
*you had '''control''' of the marijuana — for example, the police found it on you or in an area you controlled, such as your car, suitcase or bedroom, and
*you '''knew''' the marijuana was there, and
*you '''consented''' to having the marijuana in that place.
 
If the prosecutor proves all these things, the judge will convict you.
 
To prove these things, the prosecutor will have witnesses tell the court ('''testify''') about the situation when they found the marijuana on you. You can question ('''cross-examine''') each witness the prosecutor uses.
 
After the prosecutor finishes, you have the opportunity to tell the court what happened. To do this, you might testify (give evidence) yourself. You don’t have to. If you do, you take an oath promising to tell the truth. If you have any witnesses who saw what happened and can support your story, you can call them to testify. The prosecutor can cross-examine them.
 
You and the prosecutor then summarize your positions by making '''submissions''' to the court.
 
For more on the process, see our information on [[Defending Yourself Against a Criminal Charge (Script 211)|defending yourself against a criminal charge (no. 211)]].
 
===If you are convicted of possession over the legal limit===
Penalties for possession of marijuana over the legal limit depend on the amount of marijuana involved. The court typically gives fines for smaller quantities and up to five years in jail for larger quantities.
 
Penalties also depend on how the Crown proceeds in the case. Possession over the legal limit is a '''hybrid offence''', meaning the prosecutor can treat it as a less serious ('''summary''') offence or a more serious ('''indictable''') offence. If the prosecutor treats it as an indictable offence, the penalties are higher: up to five years in jail.
 
{| class="wikitable"
|align="left"|'''Tip'''
If it is your first offence, you can ask the prosecutor to be considered for '''diversion'''. This program diverts you out of the court system to complete a probation period that may include community service work or counselling (for example). Or, if you go before a judge for sentencing, you can ask for a '''discharge'''. Like diversion, a discharge allows you to avoid getting a '''[[Criminal Records and Record Suspensions (Script 205)|criminal record]]''', which can prevent you from traveling to other countries, getting certain jobs, and applying for citizenship.
|}
 
==Common questions==
 
===What is the legal limit for other forms of cannabis?===
In the ''[http://canlii.ca/t/944x Cannabis Act]'', “cannabis” is defined as a cannabis plant or any substance that contains a cannabis plant. The legal limit of '''30 grams is for dried cannabis'''. One (1) gram of dried cannabis is equal to:
*5 grams of fresh cannabis
*15 grams of edible product
*70 grams of liquid product
*0.25 grams of concentrates (solid or liquid)
*1 cannabis plant seed
 
This means, for example, that an adult can legally possess '''150 grams of fresh cannabis'''.
 
If I’m charged with possession over the legal limit, is the amount of marijuana important?
Yes — a small amount is less serious. The more you have, the greater the chance you may be charged with possession for the purpose of trafficking, a more serious offence with more serious penalties. The way the marijuana is packaged is also important.
Can I bring marijuana across the border?
No. It’s illegal to transport cannabis across the Canadian border. It doesn’t matter whether you’re leaving or entering Canada, or what the laws of your destination are. This prohibition applies even if you are authorized to use cannabis for medical purposes, and no matter how much cannabis you have with you.
What are the rules for young people?
If you are under age 19, it is not legal in BC to possess or use cannabis. (There is an exemption for medical marijuana, with proof you can possess medical marijuana.)
If you are under 19 and you possess more than five grams of cannabis, the police can give you a ticket. The penalty is a $200 fine. If you pay the fine in full, you won’t get a criminal record.
It is an offence to sell or supply cannabis to someone under age 19.
Get help
Finding a lawyer
The legal issues for possession of marijuana over the legal limit can be complex and a conviction can seriously harm you. You can call the Lawyer Referral Service to get the name of a lawyer. For $25 plus taxes, you can speak to the lawyer for 30 minutes about your case, to help decide whether you would want to hire them.
Toll-free: 1-800-663-1919
Web: cbabc.org
You can contact Legal Services Society to find out if you qualify for a free lawyer under legal aid.
Telephone: 604-408-2172 in Greater Vancouver
Toll-free: 1-866-577-2525
Web: legalaid.bc.ca
If you can’t afford to hire a lawyer and you don’t qualify for legal aid, try to talk with a lawyer before deciding how to respond to any charge against you. On your first appearance in court or when you enter your plea, you can talk to duty counsel at the courthouse.  These are lawyers who give free legal advice to people who have a case in the courthouse on that day.
Web: legalaid.bc.ca
More information
The BC government’s Get Cannabis Clarity website explains cannabis laws, including where you can buy, use or grow marijuana.
Web: cannabis.gov.bc.ca
The federal government’s Cannabis in Canada website summarizes cannabis laws.
Web: canada.ca/cannabis




[updated October 2018]
[updated October 2018]


'''The above was last reviewed for accuracy by Paul Briggs and edited by John Blois.'''
'''The above was last reviewed for legal accuracy by [https://www.paulbriggslawyer.com/blank-3 Paul Briggs], Paul Briggs Law.'''


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