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Difference between revisions of "Possession of Marijuana"
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→Is the amount of marijuana important?
Dial-A-Law (talk | contribs) |
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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. | 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. | ||
What are the penalties? | ==What are the penalties?== | ||
For a first conviction for possession of up to 30 grams, a summary offence, the maximum penalties are a fine of $1000 or 6 months in jail, or both. But the penalty for a first offence is usually much less. For a second offence, the maximums are a $2,000 fine and one year in jail, or both. | For a first conviction for possession of up to 30 grams, a summary offence, the maximum penalties are a fine of $1000 or 6 months in jail, or both. But the penalty for a first offence is usually much less. For a second offence, the maximums are a $2,000 fine and one year in jail, or both. | ||
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 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. | ||
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”. | 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”. | ||