QUICK TAKEAWAY
Cannabis: Anyone of legal age, which is a number that varies by province, can possess cannabis (also known as marijuana) for personal recreational uses as long as you have less than the equivalent of 30 grams of its dried state. Edible forms of the drug are popular but pose special risks. The penalties for simple possession over the legal limit range from fines to up to six months in jail, with longer sentences given if you involve minors or take the drug across the border.
Table of Contents:
Cannabis is Legal, with Limitations
Cannabis remains the most commonly used drug in Canada. Its recreational use is legal as long as you buy it from a licenced supplier. In most provinces and territories you have to be 19 to purchase the product, with that limit dropping to 18 in Alberta and rising to 21 in Quebec.
Recreational cannabis became fully legal on Oct. 17, 2018. As long as you of legal age, the Cannabis Act allows you to possess up to the equivalent of 30 grams of dried cannabis. It must be purchased from a licensed retailer, either in person or online, and can be carried in public and shared with other adults. You can grow up to four cannabis plants per residence for personal use, or make food and drinks from the cannabis, as long as organic solvents are not used to create concentrated products.
Street Names for Cannabis
Marijuana. Weed. Pot. Bud. Green. Herb. Grass. 420. Ganga. Dope. Joint. Edibles. Blunt. Reefer. Mary Jane. Stinkweed. Chronic. Skunk. Blaze. Broccoli.
The Attraction and Dangers of Edibles
“Edibles” is a term for cannabis-infused products that includes beverages, cotton candy, dissolvable strips, gummy candies or baked goods. Edibles are legal in Canada and are favoured by those looking to avoid inhaling the smoke from joints or pipes. If you consume edibles, keep in mind that they can be more potent and affect you for longer periods of time, as compared to products that are inhaled. Health Canada advises (Cannabis: lower your risks) new users to “start low and go slow” with edibles, as it can take up to four hours before the effect of edibles fully kicks in.
Possession Limits for Cannabis Products
The possession limits in the Cannabis Act are based on dried cannabis. One gram of dried cannabis is equal to five grams of fresh cannabis, meaning that you can legally possess 150 grams of fresh cannabis. One gram of dried cannabis also equals 15 grams of edible product, 70 grams of liquid product, 0.25 grams of concentrates (solid or liquid) or one cannabis plant seed.
Cannabis Possession Offences and Penalties
Ontario, British Columbia and Quebec have introduced programs that allow certain minor criminal offences, such as the possession of small amounts of cannabis that still exceed the personal limit, to be dealt with non‑judicially under certain conditions.
What follows are the common cannabis possession offences:
Adult possession of the equivalent of more than 30 grams of dried cannabis in public. If treated as an indictable offenceIndictable offences are more-serious criminal offences, the maximum sentence is a prison term up to five years less a day. If treated as a summary convictionUsed for lesser offences, a fine not exceeding $5,000 or imprisonment of no more than six months, or both.
Adult possession of cannabis they know is illicit or not legally grown and purchased. With indictable offences, imprisonment can be up to five years less a day. With summary convictions, a fine not exceeding $5,000, or imprisonment not exceeding six months, or both.
Young person (12‑17 years of age) possessing the equivalent of more than five grams of dried cannabis. This can be an indictable or a summary conviction offence and is dealt with under the Youth Criminal Justice Act (YCJA).
Possession of one or more budding or flowering cannabis plants in a public place. With indictable offences, the maximum sentence is imprisonment up to five years less a day. With summary convictions, the fine not exceeding $5,000, or imprisonment no more than six months, or both. For youths, it can be either an indictable or summary conviction offence, dealt with under the YCJA.
Possession of more than four cannabis plants that are not budding or flowering. With indictable offences, the maximum sentence is a prison term for up to five years less a day. With summary convictions, a fine not exceeding $5,000, or imprisonment not exceeding six months, or both. For youths, it can be either an indictable or summary conviction offence, dealt with under the YCJA.
Organization possessing cannabis. With indictable offences, the fine is at the court’s discretion. With summary conviction offences, the fine is not to exceed $100,000.
Illegal distribution or sale. Fines are given for small amounts with a maximum sentence of up to 14 years in prison for larger amounts.
Producing cannabis beyond personal cultivation limits. There are fines for small amounts with a maximum sentence of up to 14 years in prison for larger amounts.
Producing with organic solvents. An indictable offence with a maximum sentence up to 14 years in jail.
Taking cannabis across Canada's borders. An indictable offence with a maximum sentence up to 14 years in jail.
Giving or selling cannabis to a person under 18. An indictable offence with a maximum sentence up to 14 years in jail.
Using a youth to commit a cannabis-related offence. An indictable offence with a maximum sentence up to 14 years in jail.
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Keli D. Mersereau Criminal Law Office
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Glossary of Legal Terms
Indictable offence
Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments, up to a maximum penalty of life in prison.
Summary conviction
Summary convictions are used for lesser offences with penalties, fines and short jail time. They reflect the majority of offences as defined in the Code.
