Area of Law: Cannabis Law
Answer # 2331
Criminal offences and penalties under the Cannabis Act
Region: Ontario Answer # 2331The Cannabis Act regulates the production, possession, distribution and sale of cannabis across Canada. Drug-impaired driving will remain illegal under the Criminal Code of Canada. In addition, new testing powers and penalties for drug-impaired driving allow police officers to test oral fluid or demand a blood sample if they reasonably suspect that a driver is impaired by drugs.
Penalties for offences under the Cannabis Act range from warnings and tickets for minor offences, to criminal prosecution and imprisonment for more serious offences. The Act also includes offences that are specifically aimed at people who make cannabis available to youth. If you have been charged with a criminal offence, it is important to hire an experienced criminal defence lawyer as soon as possible.
Cannabis laws, including possession, buying and selling, and producing cannabis are complex and constantly changing. To get help, ask a lawyer now.
What is legal under the Act?
Under the Act, adults who are 18 years or older (depending on the province or territory) can legally:
- possess up-to 30 grams of legal cannabis, dried or equivalent in non-dried form in public;
- share up-to 30 grams with other adults;
- purchase fresh and dried cannabis, and cannabis oils from authorized provincial or territorial retailers;
- grow for personal use up-to 4 plants per residence (not per person) from licensed seeds or seedlings; and
- make cannabis products, such as food and drinks, at home as long as organic solvents are not used to create concentrated products.
The amount of cannabis an adult is legally allowed to possess under the Act is based on dried cannabis.
Equivalent to dried cannabis amounts
Under the Act, one (1) gram of dried cannabis is equal to:
- 5 grams of fresh cannabis
- 15 grams of edible product
- 70 grams of liquid product (non-solids containing cannabis, other than cannabis beverages)
- 570 grams of cannabis beverages
- .25 grams of concentrates (solid or liquid)
- 1 cannabis plant seed
This means, for example, that an adult 18 years of age or older, can legally possess 150 grams of fresh cannabis.
Criminal offences and penalties
Possession over the limit
- tickets for small amounts
- up-to 5 years in prison for large amounts
Illegal distribution or sale
- tickets for small amounts
- up-to 14 years in prison for large amounts
Producing cannabis beyond personal cultivation limits
- tickets for small amounts
- up-to 14 years in prison
Producing cannabis with combustible solvents
- up-to 14 years in prison
Taking cannabis across Canada’s borders
- up-to 14 years in prison
Giving or selling cannabis to a person under 18 years old
- up-to 14 years in prison
Using a youth to commit a cannabis-related offence
- up-to 14 years in prison
Offences regarding promotion and enticement of youth
To address the goal of discouraging cannabis use by youth, the Act prohibits:
- products that appeal to youth
- packaging or labelling that appeals to youth
- selling cannabis through self-service displays or vending machines
- promoting cannabis, except in limited circumstances where young people could not see the promotion
Penalties:
- a fine of up-to $5 million, or
- 3 years in jail
The Cannabis Act also contains two new criminal offences, one for giving or selling cannabis to a youth, and the other for involving a youth to commit a cannabis-related offence. Both new offences carry maximum penalties of 14 years in prison.
Get help
To erase your criminal record for simple cannabis possession or any other criminal charges, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.
If you have been charged with a criminal offence, it is important to hire an experienced criminal defence lawyer as soon as possible. Contact our preferred criminal defence expert, Calvin Barry Criminal Lawyers for a free consultation at 1-866-961-4963 .
Cannabis laws, including possession, buying and selling, and producing cannabis are complex and constantly changing. To get help, ask a lawyer now.
You now have
options: