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Difference between revisions of "Possession of Marijuana"
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Drew Jackson (talk | contribs) m (Drew Jackson moved page Possession of Marijuana (Script 201) to Possession of Marijuana (No. 201): align with new Dial-A-Law website) |
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{{ | {{REVIEWEDPLS | reviewer = [https://www.paulbriggslawyer.com/blank-3 Paul Briggs], Paul Briggs Law|date= October 2018}} {{Dial-A-Law TOC|expanded = crime}} | ||
{{Dial-A-Law TOC|expanded = | |||
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. | 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. | ||
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===If you are charged with possession over the legal limit=== | ===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 ( | In responding to a charge of possessing cannabis over the legal limit, you must decide how to '''plead'''. [[Pleading Guilty to a Criminal Charge (No. 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: | 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: | ||
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You and the prosecutor then summarize your positions by making '''submissions''' to the court. | 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 ( | For more on the process, see our information on [[Defending Yourself Against a Criminal Charge (No. 211)|defending yourself against a criminal charge (no. 211)]]. | ||
===If you are convicted of possession over the legal limit=== | ===If you are convicted of possession over the legal limit=== | ||
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{| class="wikitable" | {| class="wikitable" | ||
|align="left"|'''Tip''' | |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 ( | 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 (No. 205)|criminal record]]''', which can prevent you from traveling to other countries, getting certain jobs, and applying for citizenship. | ||
|} | |} | ||
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:Web: [http://canada.ca/cannabis canada.ca/cannabis] | :Web: [http://canada.ca/cannabis canada.ca/cannabis] | ||
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