Is Marijuana Really LEGAL in Canada?

There had been two major sources of confusion for this matter. The first being Ontario Superior Court Justice Steven Rogin upholding the lower court ruling of Justice Philips, concerning a case of marijuana possession in 2003. Justice Rogin upheld Justice Philips’ ruling that the entire law was void because the federal government has failed to change the law to allow for the medical use of marijuana. The second cause of confusion is the Liberal government’s Marijuana Reform Bill in 2004 that seeked to amend the Controlled Drugs and Substances Act. This bill was intended to introduce a more lenient penalty for possession of small amounts of marijuana and for possession to not be considered a criminal offence. This bill was not passed.

In the end, Canada’s Supreme Court endorsed the enforcement of criminal penalties for marijuana possession but said that the Parliament could still decriminalize marijuana use.

Penalty for Marijuana Offences in Canada:

Marijuana Possession

Maximum Penalty (Summary)

1st offence – 6 mos. / $1,000

subsequent offences – 1 year / $2,000

Maximum Penalty (Indictable) – 5 years less a day

Marijuana trafficking (up to 3 kg.)

Maximum Penalty ( Indictable) – 5 years less a day

Marijuana Trafficking (3 kg. or more), Marijuana Importing or Exporting

Maximum Penalty (Indictable) – life imprisonment

Marijuana Cultivation

Maximum Penalty (Indictable) – 7 years

This entry was posted on Tuesday, January 5th, 2010 at 7:16 pm and is filed under Criminal Law. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.