The Cannabis Act - 10 Things You Should Know
- Kelly Gates
- Dec 11, 2018
- 4 min read
As many of you will already know, as of October 17, 2018, the Cannabis Act came into force, essentially "legalizing" a number of aspects of marijuana possession, use, distribution and selling. That said, there are still a number of ways in which marijuana and its possession, use, distribution and sale are criminalized. This is a non-exhautive list of 10 important things you should know.
1. You cannot be in possession of or distribute more than 30 grams of dried cannabis (s. 8(1)(a) and s. 9(1)(a) of the Cannabis Act). Selling is NOT included in the definition of "distribute". Sharing with other individuals DOES fall under the definition of distribute.
2. You cannot distribute more than 4 cannabis plants that are not budding or one or more cannabis plant that is flowering or budding (s. 9(c) of the Cannabis Act)
4. Each household can have a maximum of 4 cannabis plants (s. 12(5) of the Cannabis Act)
5. The legal age in Ontario to use, possess, distribute and purchase cannabis is 19 years of age.
Note: There are different rules around the possession, distribution and selling for young people.
6. There are prohibited forms of cannabis, namely synthetic cannabis or cannabis that has been altered using an organic solvent (s. 12(1)(a) and (b) of the Cannabis Act)
7. As of now, Cannabis can only be purchased through the Ontario Cannabis store (see the Cannabis Control Act). Section 6(1) of the Cannabis Control Act states that "No person shall sell cannabis, other than an authorized cannabis retailer". Under section 2(1) of the Cannabis Control Act, an "authorized cannabis retailer" is defined as the Ontario Cannabis Retail Corporation or the holder of a retail store authorization under the Cannabis License Act. The private retail model is contemplated in these sections and may be implemented in 2019.
8. In Ontario, police officers will not have the discretion to issue tickets for contraventions under the federal Cannabis Act. All charges must be laid using an information.
9. Crowns will have discretion to convert charges laid under the Cannabis Act that are enumerated as "ticketable offences" (see s. 51(2) of the Cannabis Act for enumerated offences) into tickets. When converted, the maximum punishment you can receive is a $200.00 fine plus the victim fine surcharge.
Additionally, if the accused pays the fine within the enumerated period of time (pleads guilty), when a finding of guilt is entered, the accused is deemed to have received an absolute discharge (s. 51(3)(e)(i) and s. 52(a) of the Cannabis Act) and the judicial record "must be kept separate and apart from other judicial records and cannot be used for any purpose that would identify offender as person dealt with under Cannabis Act (s. 51(3)(e)(iii) and s. 52(b) of the Cannabis Act).
If an accused pleads not guilty and is subsequently found guilty (i.e. after trial) or convicted after failing to respond to the ticket, a conviction is entered and the accused is liable to a fine up to $200.00 plus the victim fine surcharge (s. 53(1) of the Cannabis Act). When the accused pays the fine, the judicial record cannot be used for any purpose that would identify the accused as someone dealt with under the Act (s. 53(2) of the Cannabis Act).
10. You cannot operate or be in care and control of a vehicle or boat, regardless of if the vehicle or boat is in motion if there is cannabis in the vehicle or boat, unless the cannabis is in its original packaging and has not been opened, or it is packed in baggage that is fastened closed or not otherwise readily available (s. 12(1) and (2) of the Cannabis Control Act).
This is a provincial offence; however, a police officer can search the vehicle or boat and any person found in it if he or she has reasonable grounds to believe there is cannabis being "contained on the vehicle or boat in contravention of subsection (1)". This can be done without a warrant (s. 12(3) of the Cannabis Control Act). Upon executing this search, if police discover you are in possession of other substances prohibited under the Controlled Drugs and Substances Act, amounts of cannabis or cannabis plants in excess of the maximum amounts under the Cannabis Act or anything else prohibited under the Criminal Code, you could also be charged with criminal offences.
This post does not cover impaired driving and cannabis, but it is an offence under the Criminal Code to operate a motor vehicle while impaired by alcohol or drug - this includes cannabis.
It must also be remembered that because the legalization of cannabis is new it will be changing frequently over the next year or more. Given that, it is very important that you consult with counsel to ensure you are aware of any changes in the current cannabis laws and what defences you have available if you are charged with any cannabis related offences.
Note: Comments made by authors are not intended to be and should not be regarded as legal advice. Their views, opinions and comments do not consider all material facts or circumstances relevant to your case. They are intended for use as an aid to understanding legal concepts only and are not a substitute for comprehensive legal advice from a lawyer.
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