Stoner
April 8, 2019, 7:19pm
8
Been a while since I have check up on the Cannabis Legalization.
First thing I am celebrating, Cannabis is no longer a Schedule II prohibited product. That means the entire machinery of the Controlled Drugs and Substances Act no longer applies to natural Cannabis.
SCHEDULE II
(Sections 2, 4 to 7.1, 10, 29, 55 and 60)
1 [Repealed, 2018, c. 16, s. 204]
2 Synthetic cannabinoid receptor type 1 agonists, their salts, derivatives, isomers, and salts of derivatives and isomers …
That brings us to the Cannabis Act
Criminal Activities
Marginal note:Possession
8 (1) Unless authorized under this Act, it is prohibited …
(d) for an individual to possess, in a public place, one or more cannabis plants that are budding or flowering;
(e) for an individual to possess more than four cannabis plants that are not budding or flowering; …
So, must be flowered in a non public space and must not exceed the 4 plant limit or …
Punishment
(2) Subject to section 51, every person that contravenes subsection (1)
(a) is guilty of an indictable offence and is liable
(i) in the case of an individual who is 18 years of age or older, to imprisonment for a term of not more than five years less a day,
(ii) in the case of a young person, to a youth sentence under the Youth Criminal Justice Act, or
(iii) in the case of an organization, to a fine in an amount that is in the discretion of the court; or
(b) is guilty of an offence punishable on summary conviction and is liable
(i) in the case of an individual who is 18 years of age or older, to a fine of not more than $5,000 or imprisonment for a term of not more than six months, or to both,
(ii) in the case of a young person, to a youth sentence under the Youth Criminal Justice Act, or
(iii) in the case of an organization, to a fine of not more than $100,000.
Ticketable Offences
Marginal note:Procedure
51 (1) In addition to the procedures set out in the Criminal Code, proceedings referred to in subsection (2) against an individual who is 18 years of age or older or an organization may be commenced by a peace officer …
(b) proceedings against an individual who is 18 years of age or older in respect of an offence arising out of the contravention of paragraph 8(1)(e) or subparagraph 9(1)(c)(ii) in respect of five or six cannabis plants; …
Amount
(4) For the purpose of paragraph (3)(c), the amount is
(a) for an offence referred to in any of paragraphs (2)(a) to (h), $200 plus a victim surcharge, calculated in accordance with subsection 737(2) of the Criminal Code, and any applicable administrative fees; …
public place includes any place to which the public has access as of right or by invitation, express or implied, and any motor vehicle located in a public place or in any place open to public view. (lieu public)
So, cultivating 4 plants in private is not an offence.
Cultivation of 5 or 6 plants is a Ticketable offence with a fine of $200+
Cultivation of 7 plants, court will determine the consequences.
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