Cannabis & the Criminal Law

Cannabis crimes can have very serious consequences including jail time or substantial fines. People under 18 who commit a criminal offence are dealt with under the Youth Criminal Justice Act. If you are in any doubt about whether what you will be doing is a crime, check the legislation or talk to a lawyer. Not knowing or understanding the law is no defence to a criminal charge.

Cannabis must be produced and sold by someone who is licensed to do so. It can also be grown for personal use within a certain amount. Cannabis that is not produced or sold in accordance with the law is illicit cannabis.

It is a criminal offence to:

• knowingly possess or distribute illicit cannabis
• to possess, produce, sell, distribute or import anything with the intention that it will be used to produce, sell or distribute illicit cannabis

It is a criminal offence for an individual to possess more than 30 grams of dried cannabis in a public place. Public places include:

• anywhere the public is allowed
• any vehicles parked in a public place or anywhere open to public view

There are no limits on the amount of dried cannabis that someone over 18 can have in their home.

Edibles, extracts and topicals containing cannabis do not follow the same formula as dried cannabis. Instead, the federal government has established amounts that are equivalent to dried cannabis as shown in the following chart:

People over 18 can legally have up to four cannabis plants in their home. When two or more people over 18 share a home, the limit for the household is still four plants.

Possession of any cannabis plant that is budding or flowering in a public place is a crime.

If someone is having a life-threating drug reaction that person and anyone who seeks assistance for that person cannot be charged with possession over the allowable limit based on what is found at the scene.

It is a criminal offence for anyone under 18 to possess more than 5 grams of cannabis. This limit applies everywhere, not just public places. It is also a crime for people under 18 to cultivate or harvest cannabis plants. Involving a minor in committing a cannabis offence is an offence in itself.

Organizations, such as corporations, are not allowed to possess any amount of cannabis or cannabis plants. The exception to this is any organization that is licensed to deal with cannabis.

Distribution includes making cannabis available in any way directly or indirectly including sending or delivering cannabis or offering to distribute cannabis.

People 18 and over can distribute up to 30 grams of cannabis and up to four cannabis plants as long as they are not budding or flowering. Other distribution is a crime.

Organizations cannot distribute cannabis at all unless they are licensed to do so. It is also illegal to distribute cannabis to an organization that does not have a license.

People 18 or over cannot distribute to people under 18. The fact that the person believed the youth to be 18 or older is not a defence unless the person took reasonable steps to determine their age.

Youth under 18 who distribute less than 5 grams will not face criminal prosecution but may still face penalties under provincial legislation.

Only a licensed retailer can legally sell cannabis. It is a crime for anyone else to do so. It is also a crime for someone other than a licensed retailer to possess cannabis for the purpose of selling.

Importing or exporting, or possessing cannabis for these purposes, is a crime. Importing simply means bringing cannabis into Canada, even if it is for personal use. It is the same for exporting cannabis out of Canada. Only those with a licence can import or export cannabis.

Drug-impaired driving and driving with blood concentrations of THC over the set limits are criminal offences. Under our provincial laws, there are also serious consequences relating to driver with cannabis in your system. Driving offences are discussed in more detail here.