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Backgrounder
Cannabis Reform Bill
Developing a Balanced Approach
The Government of Canada is proposing amendments to the Contraventions Act and the Controlled Drugs and Substances Act in order to modernize the way Canada enforces its cannabis laws. Amendments would permit the use of provincial ticketing schemes for new offences involving the possession of small amounts of cannabis. Other amendments regarding cultivation would help ensure the punishment fits the seriousness of the offence, with tough new penalties that target large-scale marijuana cultivators.
Any amendments to further enhance the legislation's effectiveness will be considered as the Bill moves through the Parliamentary process.
Creating More Effective Possession Offences
Cannabis use – under the current or proposed law – is illegal in Canada . The Government of Canada believes that while cannabis use must be discouraged, possession of small amounts should not result in a criminal record. As a result, four new summary conviction offences of cannabis possession are being proposed, each with distinct penalties.
Item and Amount |
Penalty |
| Possession of 1 gram or less of cannabis resin (hashish)
|
$300 fine for adults and $200 for youth |
| Possession of 15 grams or less of marijuana
|
$150 fine for adults and $100 for youth |
|
Possession of 1 gram or less of resin or 15 grams or less of marijuana while also:
- Operating a motor vehicle;
- Committing a more serious offence, such as break and enter; or
- In or near a school.
|
$400 fine for adults and up $250 for youth |
| Possession of more than 15 grams and up to and including 30 grams of marijuana |
$300 fine for adults and $200 for youth when prosecuted by a ticket; or
Six months imprisonment and/or fine of up to $1,000 if prosecuted by way of a summary conviction. |
For the first three possession offences, law enforcement will be able to issue a ticket.
For the fourth offence, they would have the discretion to give a ticket or issue a summons to appear in criminal court, depending on the officer's appreciation of the circumstances related to the offence.
The parent or guardian of anyone under 18 would be notified that the youth has received a ticket or has been charged.
These reforms would also increase accountability among offenders who would get a ticket instead of a simple warning, as is the case for about half of the individuals police find in possession of cannabis.
Recognizing the Need for Multiple Cultivation Offences
The present offence for marijuana cultivation is punishable by up to seven-years imprisonment and it makes no reference to the number of plants being cultivated. To help ensure the law distinguishes between those who grow small quantities of cannabis for personal use versus those who grow for commercial purposes, the Government of Canada is also proposing four new cultivation offences.
Quantity of Plants |
Penalty |
| 1 – 3
|
$500 fine
$250 fine for youth
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| 4 – 25 |
Up to five-years-less-a-day imprisonment on indictment
Up to 18-months imprisonment and/or up to a $25,000 fine on summary conviction |
| 26 – 50
|
Up to 10-years imprisonment |
| More than 50
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Up to 14-years imprisonment |
For any cultivation offence involving more than three plants, the courts would be required to provide reasons for not imposing imprisonment where specific aggravating factors are present. These include operations that use traps or explosives, have children present on-site or are located in a residential area.
Efforts to update legislation and drug policy to reflect today's modern society were first signalled in the Government of Canada's Renewed Drug Strategy, announced in May 2003. The Drug Strategy takes a balanced approach, working with a variety of partners, to reduce both the
demand for and supply of drugs. As part of the Drug Strategy, the Government of Canada will launch a public education campaign aimed at discouraging the use of marijuana and other illicit substances. Combining cannabis reform with this public education campaign will reinforce the message that marijuana is illegal and harmful to one's health.
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November 2004
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