Possession of Marijuana: Difference between revisions

From Clicklaw Wikibooks
Jump to navigation Jump to search
No edit summary
 
(15 intermediate revisions by 3 users not shown)
Line 1: Line 1:
{{Dial-A-Law Blurb}}
{{REVIEWEDPLS | reviewer = [https://www.paulbriggslawyer.com/blank-3 Paul Briggs], Paul Briggs Law|date= July 2020}} {{Dial-A-Law TOC|expanded = crime}}
Marijuana possession is now legal in British Columbia — within limits. There are still restrictions around how much you’re allowed, where you can use it, and how you can buy it.


{{Dial-A-Law TOC|expanded = criminal}}
==What you should know==
It is legal in British Columbia for adults to possess marijuana (up to certain quantities). There are restrictions on where you can use it and how you can buy it.


==Understand your legal rights==
===It’s legal to possess marijuana — in small quantities===
New marijuana laws came into effect in BC in 2018. If you’re 19 or older, you can carry '''up to 30 grams of cannabis in public'''. Privately, you can have up to 1,000 grams — four plants’ worth — in your home.


===It is legal to possess marijuana (up to certain quantities)===
These maximum amounts apply only to '''dried cannabis'''. The limits are different for other forms, such as fresh cannabis or cannabis oil. They’re also different for medical marijuana. (We’ll explain shortly.)
In October 2018, new marijuana laws came into effect. The combined effect of the federal ''[http://canlii.ca/t/944x Cannabis Act]'' and the BC ''[http://canlii.ca/t/91rl Cannabis Control and Licensing Act]'' is that in British Columbia, it is legal for adults (age 19 or over) to carry up to '''30 grams of cannabis''' in a '''public place'''.


Adults can possess up to '''1,000 grams''' of cannabis in a '''non-public place''', such as at their home. This limit is per household and is based on the expected yield from four cannabis plants. (Under the marijuana laws, adults can grow up to four cannabis plants per household.)
===Using marijuana in public===
Wherever tobacco smoking is allowed, you can generally smoke or vape cannabis as well. (Again, that’s assuming you’re an adult.)


These maximum amounts apply only to '''dried cannabis'''. The amounts are different for cannabis in other forms, like fresh cannabis or cannabis oil. They’re also different for medical marijuana (as we explain shortly).
[http://www.bclaws.ca/civix/document/id/complete/statreg/18029#section63 Under BC law], using cannabis is '''not allowed''' in the following '''public places''':


===Using marijuana in public===
* Playgrounds, sports fields, skate parks, swimming pools — or any deck, seating or viewing areas ''in'' these places.
Adults (age 19 or over) can generally smoke or vape cannabis in public spaces where tobacco smoking is allowed.  
* Public buildings, workplaces, or common areas of apartments or condos — or within six metres of their doorways, windows, or air intakes.
* Within six metres of bus stops, train stations, ferry docks, or other transit hubs.
* Regional, provincial, and municipal parks — except in designated areas.
* Public patios. Some restaurants and bars in BC have a tobacco-smoking area on their patio. But you still '''can’t''' smoke (or vape) cannabis there.


Under [http://www.bclaws.ca/civix/document/id/complete/statreg/18029#section63 BC law], using cannabis is '''not allowed''' in the following '''public places''':
Using cannabis is '''not allowed on school property''' ''or even on the adjacent streets''.
*Playgrounds, sports fields, skate parks, swimming pools, or any deck, seating or viewing areas associated with these places.
*Public buildings, workplaces, or common areas of apartments or condos, and within six metres of doorways, windows and air intakes attached to these places.
*Within six metres of bus stops, transit shelters, train stations, ferry docks and similar places.
*Regional, provincial and municipal parks, except for designated areas.
*Public patios. (There are some liquor establishments in BC with a tobacco smoking area on their patio. Cannabis '''cannot''' be smoked or vaped there.)


Using cannabis is '''not allowed on school properties''', as well as any adjacent sidewalks or boulevards.
Local governments can also restrict the public use of cannabis.
 
Local governments can also put restrictions on the use of cannabis in public spaces.


{| class="wikitable"
{| class="wikitable"
|align="left"|'''Tip'''
|align="left"|'''Tip'''
Smoking or vaping cannabis is not allowed inside bars or restaurants in BC. This is because no one can smoke or vape cannabis in a substantially or fully enclosed workplace.
You can’t smoke or vape cannabis inside a bar or restaurant in BC. It’s not allowed in an “enclosed workplace.
|}
|}


===Using marijuana in a vehicle===
===Using marijuana in a vehicle===
Under [http://www.bclaws.ca/civix/document/id/complete/statreg/18029#section65 BC law], you can’t use cannabis in a '''vehicle'''. That is so whether you are driving or a passenger. And you can’t operate a vehicle if another person is smoking or vaping cannabis in the vehicle.
[http://www.bclaws.ca/civix/document/id/complete/statreg/18029#section65 Under BC law], no one can use cannabis in a '''vehicle'''. Not even passengers.


There is an [https://www.canlii.org/en/bc/laws/regu/bc-reg-204-2018/latest/bc-reg-204-2018.html#sec15_smooth exception] to this rule. You can use cannabis in a vehicle being used as a private residence and parked in an area where camping is allowed (a camper or trailer, for example).
The only exception is if you’re parked in a legal camping spot.


===Using marijuana for medical purposes===
===Using marijuana for medical purposes===
If you are authorized by a health care provider to use marijuana for medical purposes, you can possess higher quantities of marijuana in public places. You can legally have up to '''150 grams''' of dried cannabis, or a 30-day supply, whichever is lower.  
You’re allowed more marijuana if your health requires it. You can legally have '''up to 150 grams of dried cannabis''', or a 30-day supply, whichever is lower. And you can use it in public.


You need to:
But you must ''prove'' you need it. You have to get a note from your doctor. (That is, [https://www.canada.ca/en/health-canada/services/drugs-medication/cannabis/licensed-producers/sample-medical-document-marihuana-medical-purposes-regulations.html a medical document recommending cannabis to treat your symptoms].) Or else be [https://www.canada.ca/en/health-canada/services/registering-produce-cannabis-own-medical-purposes.html?_ga=2.5047220.662103097.1538403727-1930675482.1531945284 legally registered to either grow your own plants] or [https://www.canada.ca/en/health-canada/services/drugs-medication/cannabis/industry-licensees-applicants/licensed-cultivators-processors-sellers.html have someone grow them for you].
#Have a [https://www.canada.ca/en/health-canada/services/drugs-medication/cannabis/licensed-producers/sample-medical-document-marihuana-medical-purposes-regulations.html medical document from a health care provider] recommending cannabis to treat your symptoms (similar to a prescription).
#[https://www.canada.ca/en/health-canada/services/registering-produce-cannabis-own-medical-purposes.html?_ga=2.5047220.662103097.1538403727-1930675482.1531945284 Register with Health Canada] to produce cannabis for your own medical purposes, or [https://www.canada.ca/en/health-canada/services/drugs-medication/cannabis/industry-licensees-applicants/licensed-cultivators-processors-sellers.html register with a licensed producer] who you buy your marijuana from.  


Under [https://www.canlii.org/en/bc/laws/regu/bc-reg-204-2018/latest/bc-reg-204-2018.html#sec20_smooth BC law], there are exemptions for use of medical marijuana on school property, and on inter-city buses, trains and boats. You must meet specific requirements, such as carrying proof you can possess medical marijuana.
[https://www.canlii.org/en/bc/laws/regu/bc-reg-204-2018/latest/bc-reg-204-2018.html#sec23_smooth Under BC law], medical marijuana is allowed on school property, and on transit. But you must meet specific requirements, such as carrying proof that you need it.


===Buying marijuana===
===Buying marijuana===
Cannabis is legally sold at licensed retailers and the [https://www.bccannabisstores.com/ BC government’s online store]. Licensed retailers are required to display a valid licence where it is visible to the public.
Cannabis is legally sold at licensed retailers and [https://www.bccannabisstores.com/ the BC government’s online store]. These places must prominently display their licence. All legal (non-medical) cannabis has an '''excise stamp'''. If you don’t see the distinctive British Columbia stamp on the package, the cannabis is illegal.
 
[[File:Bc-excise-stamp-01.jpeg|thumb|275px|centre| link=| <span style="font-size:50%;"></span>]]
All legal non-medical cannabis has an '''excise stamp''' attached to its packaging. Federally-licensed producers apply the excise tax stamp for British Columbia. [https://www.canada.ca/en/revenue-agency/campaigns/cannabis-taxation.html#wdtmfc Each province has a different coloured cannabis excise stamp] for products sold in their jurisdiction. If the product does not have a British Columbia stamp it is not legal for sale in BC.


{| class="wikitable"
{| class="wikitable"
|align="left"|'''Tip'''
|align="left"|'''Tip'''
Cannabis edibles, extracts and topicals are not currently legal for sale in Canada. The federal government intends to legalize the sale of these cannabis products by October 2019. A draft set of rules were released as part of a [https://www.canada.ca/en/health-canada/programs/consultation-strict-regulation-edible-cannabis-extracts-topicals.html public consultation].
[https://www.canada.ca/content/dam/hc-sc/documents/services/drugs-medication/cannabis/resources/final-regulations-edible-cannabis-extracts-topical-eng.pdf The sale of cannabis edibles and concentrates became legal in 2019], from the BC government's online store and licensed retailers.
|}
|}


===If you possess more than the legal limit===  
===If you have more than the legal limit===  
Under [http://www.bclaws.ca/civix/document/id/complete/statreg/18029#section52 BC law], it is illegal to possess '''more than 30 grams''' of dried cannabis in a public place. Breaking this law is not a criminal offence. Instead, it’s like breaking the ''Liquor Control and Licensing Act''. The police can give you a '''ticket''', which can result in a fine and possible jail time. But you don’t get a criminal record. For a first offence, the fine can be up to $5,000 and up to three months in jail.
[http://www.bclaws.ca/civix/document/id/complete/statreg/18029#section52 Under BC law], it’s illegal to possess '''more than 30 grams''' of dried cannabis in public. (For medical marijuana, it’s 150 grams or a 30-day supply, whichever is lower.) Breaking this law is '''not''' a criminal offence. Instead, it’s like breaking the ''Liquor Control and Licensing Act''. The police can give you a '''ticket''', which can land you a fine and possible jail time. But you won’t get a criminal record as long as you pay the fine. For a first offence, the fine can be up to $5,000, the jail time up to three months.


(There is an exemption for medical marijuana. You can legally possess in a public place up to 150 grams of dried cannabis or a 30-day supply, whichever is lower. You must show proof you can possess medical marijuana.)
If you’re found with '''more than 50 grams''' of dried cannabis, [http://canlii.ca/t/7vtc you can be charged under the ''Controlled Drugs and Substances Act'']. This ''is'' a criminal offence, and ''can'' result in a criminal record.
 
If you have '''more than 50 grams''' of dried cannabis in your possession, you can be charged under the ''[http://canlii.ca/t/7vtc Controlled Drugs and Substances Act]''. This is a criminal offence. It can result in a criminal record.  


===If you are charged with possession over the legal limit===  
===If you are charged with possession over the legal limit===  
In responding to a charge of possessing cannabis over the legal limit, you must decide how to '''plead'''. [[Pleading Guilty to a Criminal Charge (Script 212)|Pleading guilty]] means you accept responsibility for the offence. Pleading “not guilty” means the court will set a '''trial'''.
Facing a cannabis possession charge, you must decide how to '''plead'''. [https://dialalaw.peopleslawschool.ca/pleading-guilty-to-a-criminal-charge/ Pleading guilty means you accept responsibility for the offence]. Pleading not guilty means the court will set a '''trial'''.


At the trial, the '''prosecutor''' (also called Crown counsel), must prove three things beyond a reasonable doubt: '''knowledge''', '''consent''' and '''control'''. The prosecutor does this by proving that:
At the trial, the '''prosecutor''' (also called Crown counsel), must prove three things beyond a reasonable doubt: '''knowledge''', '''consent''', and '''control'''. The prosecutor will argue that:
*you had '''control''' of the marijuana — for example, the police found it on you or in an area you controlled, such as your car, suitcase or bedroom, and
*you '''knew''' the marijuana was there, and
*you '''consented''' to having the marijuana in that place.


If the prosecutor proves all these things, the judge will convict you.  
* you had '''control''' of the marijuana — for example, the police found it on you or your property (such as in your car, suitcase, or bedroom), and
* you '''knew''' it was there, and
* you '''consented''' to having it there.


To prove these things, the prosecutor will have witnesses tell the court ('''testify''') about the situation when they found the marijuana on you. You can question ('''cross-examine''') each witness the prosecutor uses.
If the prosecutor proves all these things, the judge will convict you. To make their case, the prosecutor will call witnesses. They’ll tell the court ('''testify''') what they know. You can question ('''cross-examine''') any of them.


After the prosecutor finishes, you have the opportunity to tell the court what happened. To do this, you might testify (give evidence) yourself. You don’t have to. If you do, you take an oath promising to tell the truth. If you have any witnesses who saw what happened and can support your story, you can call them to testify. The prosecutor can cross-examine them.
After that, you get to give your side of the story. There are a couple of ways to do this. You might testify (give evidence) yourself. You don’t have to. If you do, you take an oath promising to tell the truth. If you have any witnesses who saw what happened and can support your version, you can call them to testify. The prosecutor can cross-examine them.


You and the prosecutor then summarize your positions by making '''submissions''' to the court.
You and the prosecutor then summarize your positions by making '''submissions''' to the court.


For more on the process, see our information on [[Defending Yourself Against a Criminal Charge (Script 211)|defending yourself against a criminal charge (no. 211)]].
For more on the process, [[Defending Yourself Against a Criminal Charge|see our information on defending yourself against a criminal charge]].


===If you are convicted of possession over the legal limit===  
===If you are convicted of possession over the legal limit===  
Penalties for possession of marijuana over the legal limit depend on the amount of marijuana involved. The court typically gives fines for smaller quantities and up to five years in jail for larger quantities.
Penalties for possession of marijuana over the legal limit depend on the amount of marijuana involved. The court typically gives fines for smaller quantities and up to five years in jail for larger quantities.


Penalties also depend on how the Crown proceeds in the case. Possession over the legal limit is a '''hybrid offence''', meaning the prosecutor can treat it as a less serious ('''summary''') offence or a more serious ('''indictable''') offence. If the prosecutor treats it as an indictable offence, the penalties are higher: up to five years in jail.
Penalties also depend on how the Crown proceeds in the case. Possession over the legal limit is a '''hybrid''' offence, meaning the prosecutor can treat it as a less serious ('''summary''') offence or a more serious ('''indictable''') offence. If the prosecutor treats it as an indictable offence, the penalties are higher: up to five years in jail.


{| class="wikitable"
{| class="wikitable"
|align="left"|'''Tip'''
|align="left"|'''Tip'''
If it is your first offence, you can ask the prosecutor to be considered for '''diversion'''. This program diverts you out of the court system to complete a probation period that may include community service work or counselling (for example). Or, if you go before a judge for sentencing, you can ask for a '''discharge'''. Like diversion, a discharge allows you to avoid getting a '''[[Criminal Records and Record Suspensions (Script 205)|criminal record]]''', which can prevent you from traveling to other countries, getting certain jobs, and applying for citizenship.
If it’s your first offence, [https://dialalaw.peopleslawschool.ca/pleading-guilty-to-a-criminal-charge you can ask the prosecutor to consider diversion]. This program routes you out of the court system. Instead you complete a probation period. This may include counselling or community service work. Another option: if you go before a judge for sentencing, [https://dialalaw.peopleslawschool.ca/conditional-sentences-probation-and-discharges you can ask for a discharge]. Like diversion, a discharge lets you avoid [https://dialalaw.peopleslawschool.ca/criminal-records-and-record-suspensions getting a criminal record]. (A criminal record is really worth avoiding. It can prevent you from travelling to other countries, getting certain jobs, and applying for citizenship.)
|}
|}


==Common questions==
==Common questions==


===What is the legal limit for other forms of cannabis?===
===What’s the legal limit for other forms of cannabis?===
In the ''[http://canlii.ca/t/944x Cannabis Act]'', “cannabis” is defined as a cannabis plant or any substance that contains a cannabis plant. The legal limit of '''30 grams is for dried cannabis'''. One (1) gram of dried cannabis is equal to:
The law defines “cannabis” as the plant itself or anything you consume that’s made from it. The legal limit of '''30 grams is for dried cannabis'''. One (1) gram of dried cannabis is equal to:
*5 grams of fresh cannabis
 
*15 grams of edible product
* 5 grams of fresh cannabis
*70 grams of liquid product
* 15 grams of edible product
*0.25 grams of concentrates (solid or liquid)
* 70 grams of liquid product
*1 cannabis plant seed
* 0.25 grams of concentrates (solid or liquid)
* 1 cannabis plant seed
 
This means you can legally possess, for example, '''150 grams of fresh cannabis'''.
 
===If I’m charged with possession over the legal limit, is the amount of marijuana important?===
Yes — a small amount is less serious. The more you have, the greater your chance of being charged with '''possession for the purpose of trafficking'''. That’s a more serious offence with more serious penalties.
 
===Can I bring marijuana across the border?===
No. It’s illegal to transport cannabis across the Canadian border. It doesn’t matter whether you’re leaving or entering Canada. It doesn’t matter what the laws of your destination are. It doesn’t even matter if you’re authorized to use cannabis for medical purposes. Or how much you have with you. The upshot: it’s against the law.
 
===What are the rules for young people?===
If you’re under 19, you can’t possess or use cannabis. It’s illegal. ([https://www.canlii.org/en/bc/laws/regu/bc-reg-204-2018/latest/bc-reg-204-2018.html#sec27_smooth There’s an exemption for medical marijuana].)


This means, for example, that an adult can legally possess '''150 grams of fresh cannabis'''.
If you’re under 19 and found with '''more than five grams of cannabis''', the police can give you a ticket. The penalty is a $200 fine. If you pay it, you won’t get a criminal record.


If I’m charged with possession over the legal limit, is the amount of marijuana important?
It’s an offence to sell or supply cannabis to someone under age 19.
Yes — a small amount is less serious. The more you have, the greater the chance you may be charged with possession for the purpose of trafficking, a more serious offence with more serious penalties. The way the marijuana is packaged is also important.
Can I bring marijuana across the border?
No. It’s illegal to transport cannabis across the Canadian border. It doesn’t matter whether you’re leaving or entering Canada, or what the laws of your destination are. This prohibition applies even if you are authorized to use cannabis for medical purposes, and no matter how much cannabis you have with you.
What are the rules for young people?
If you are under age 19, it is not legal in BC to possess or use cannabis. (There is an exemption for medical marijuana, with proof you can possess medical marijuana.)
If you are under 19 and you possess more than five grams of cannabis, the police can give you a ticket. The penalty is a $200 fine. If you pay the fine in full, you won’t get a criminal record.
It is an offence to sell or supply cannabis to someone under age 19.
Get help
Finding a lawyer
The legal issues for possession of marijuana over the legal limit can be complex and a conviction can seriously harm you. You can call the Lawyer Referral Service to get the name of a lawyer. For $25 plus taxes, you can speak to the lawyer for 30 minutes about your case, to help decide whether you would want to hire them.
Toll-free: 1-800-663-1919
Web: cbabc.org
You can contact Legal Services Society to find out if you qualify for a free lawyer under legal aid.
Telephone: 604-408-2172 in Greater Vancouver
Toll-free: 1-866-577-2525
Web: legalaid.bc.ca
If you can’t afford to hire a lawyer and you don’t qualify for legal aid, try to talk with a lawyer before deciding how to respond to any charge against you. On your first appearance in court or when you enter your plea, you can talk to duty counsel at the courthouse.  These are lawyers who give free legal advice to people who have a case in the courthouse on that day.
Web: legalaid.bc.ca
More information
The BC government’s Get Cannabis Clarity website explains cannabis laws, including where you can buy, use or grow marijuana.
Web: cannabis.gov.bc.ca
The federal government’s Cannabis in Canada website summarizes cannabis laws.
Web: canada.ca/cannabis


==Who can help==


[updated October 2018]
===Finding a lawyer===
The legal issues for possession of marijuana over the legal limit can be complex. And a conviction can seriously harm you. You can call the '''Lawyer Referral Service''' to get the name of a lawyer. You can speak to the lawyer for a free half-hour legal consultation about your case, to help decide whether you would want to hire them.


'''The above was last reviewed for legal accuracy by [https://www.paulbriggslawyer.com/blank-3 Paul Briggs], Paul Briggs Law.'''
* Call 604-687-3221 (Greater Vancouver) or 1-800-663-1919 (toll-free)
* [http://www.accessprobono.ca/lawyer-referral-service Visit website]


----
You can contact '''Legal Aid BC''' to find out if you qualify for a free lawyer under legal aid.
----


* Call 604-408-2172 (Greater Vancouver) or 1-866-577-2525 (toll-free)
* [https://lss.bc.ca/legal_aid/criminalLaw.php Visit website]
If you can’t afford to hire a lawyer and you don’t qualify for legal aid, try to at least talk to a lawyer. They’ll help you decide how to respond to any charge against you. On your first appearance in court or when you enter your plea, you can talk to '''duty counsel''' at the courthouse. These are lawyers who give free legal advice to people who have a case in the courthouse on that day.
* [https://lss.bc.ca/legal_aid/criminalAndImmigrationDutyCounsel.php Visit website]
===With more information===
The BC government’s '''Get Cannabis Clarity''' website explains cannabis laws, including where you can buy, use or grow marijuana.
* [https://cannabis.gov.bc.ca/ Visit website]
The federal government’s '''Cannabis in Canada''' website summarizes cannabis laws.
* [https://www.canada.ca/en/services/health/campaigns/cannabis.html?utm_campaign=cannabis-18&utm_medium=vurl-en&utm_source=canada-ca_cannabis Visit website]
{{Dial-A-Law_Navbox|type=courts}}
{{Dial-A-Law Copyright}}
{{Dial-A-Law Copyright}}
{{Dial-A-Law_Navbox|type=crim}}

Latest revision as of 18:52, 25 September 2023

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Paul Briggs, Paul Briggs Law in July 2020.

Marijuana possession is now legal in British Columbia — within limits. There are still restrictions around how much you’re allowed, where you can use it, and how you can buy it.

What you should know

It’s legal to possess marijuana — in small quantities

New marijuana laws came into effect in BC in 2018. If you’re 19 or older, you can carry up to 30 grams of cannabis in public. Privately, you can have up to 1,000 grams — four plants’ worth — in your home.

These maximum amounts apply only to dried cannabis. The limits are different for other forms, such as fresh cannabis or cannabis oil. They’re also different for medical marijuana. (We’ll explain shortly.)

Using marijuana in public

Wherever tobacco smoking is allowed, you can generally smoke or vape cannabis as well. (Again, that’s assuming you’re an adult.)

Under BC law, using cannabis is not allowed in the following public places:

  • Playgrounds, sports fields, skate parks, swimming pools — or any deck, seating or viewing areas in these places.
  • Public buildings, workplaces, or common areas of apartments or condos — or within six metres of their doorways, windows, or air intakes.
  • Within six metres of bus stops, train stations, ferry docks, or other transit hubs.
  • Regional, provincial, and municipal parks — except in designated areas.
  • Public patios. Some restaurants and bars in BC have a tobacco-smoking area on their patio. But you still can’t smoke (or vape) cannabis there.

Using cannabis is not allowed on school property or even on the adjacent streets.

Local governments can also restrict the public use of cannabis.

Tip

You can’t smoke or vape cannabis inside a bar or restaurant in BC. It’s not allowed in an “enclosed workplace.”

Using marijuana in a vehicle

Under BC law, no one can use cannabis in a vehicle. Not even passengers.

The only exception is if you’re parked in a legal camping spot.

Using marijuana for medical purposes

You’re allowed more marijuana if your health requires it. You can legally have up to 150 grams of dried cannabis, or a 30-day supply, whichever is lower. And you can use it in public.

But you must prove you need it. You have to get a note from your doctor. (That is, a medical document recommending cannabis to treat your symptoms.) Or else be legally registered to either grow your own plants or have someone grow them for you.

Under BC law, medical marijuana is allowed on school property, and on transit. But you must meet specific requirements, such as carrying proof that you need it.

Buying marijuana

Cannabis is legally sold at licensed retailers and the BC government’s online store. These places must prominently display their licence. All legal (non-medical) cannabis has an excise stamp. If you don’t see the distinctive British Columbia stamp on the package, the cannabis is illegal.

Tip

The sale of cannabis edibles and concentrates became legal in 2019, from the BC government's online store and licensed retailers.

If you have more than the legal limit

Under BC law, it’s illegal to possess more than 30 grams of dried cannabis in public. (For medical marijuana, it’s 150 grams or a 30-day supply, whichever is lower.) Breaking this law is not a criminal offence. Instead, it’s like breaking the Liquor Control and Licensing Act. The police can give you a ticket, which can land you a fine and possible jail time. But you won’t get a criminal record as long as you pay the fine. For a first offence, the fine can be up to $5,000, the jail time up to three months.

If you’re found with more than 50 grams of dried cannabis, you can be charged under the Controlled Drugs and Substances Act. This is a criminal offence, and can result in a criminal record.

If you are charged with possession over the legal limit

Facing a cannabis possession charge, you must decide how to plead. Pleading guilty means you accept responsibility for the offence. Pleading not guilty means the court will set a trial.

At the trial, the prosecutor (also called Crown counsel), must prove three things beyond a reasonable doubt: knowledge, consent, and control. The prosecutor will argue that:

  • you had control of the marijuana — for example, the police found it on you or your property (such as in your car, suitcase, or bedroom), and
  • you knew it was there, and
  • you consented to having it there.

If the prosecutor proves all these things, the judge will convict you. To make their case, the prosecutor will call witnesses. They’ll tell the court (testify) what they know. You can question (cross-examine) any of them.

After that, you get to give your side of the story. There are a couple of ways to do this. You might testify (give evidence) yourself. You don’t have to. If you do, you take an oath promising to tell the truth. If you have any witnesses who saw what happened and can support your version, you can call them to testify. The prosecutor can cross-examine them.

You and the prosecutor then summarize your positions by making submissions to the court.

For more on the process, see our information on defending yourself against a criminal charge.

If you are convicted of possession over the legal limit

Penalties for possession of marijuana over the legal limit depend on the amount of marijuana involved. The court typically gives fines for smaller quantities and up to five years in jail for larger quantities.

Penalties also depend on how the Crown proceeds in the case. Possession over the legal limit is a hybrid offence, meaning the prosecutor can treat it as a less serious (summary) offence or a more serious (indictable) offence. If the prosecutor treats it as an indictable offence, the penalties are higher: up to five years in jail.

Tip

If it’s your first offence, you can ask the prosecutor to consider diversion. This program routes you out of the court system. Instead you complete a probation period. This may include counselling or community service work. Another option: if you go before a judge for sentencing, you can ask for a discharge. Like diversion, a discharge lets you avoid getting a criminal record. (A criminal record is really worth avoiding. It can prevent you from travelling to other countries, getting certain jobs, and applying for citizenship.)

Common questions

What’s the legal limit for other forms of cannabis?

The law defines “cannabis” as the plant itself or anything you consume that’s made from it. The legal limit of 30 grams is for dried cannabis. One (1) gram of dried cannabis is equal to:

  • 5 grams of fresh cannabis
  • 15 grams of edible product
  • 70 grams of liquid product
  • 0.25 grams of concentrates (solid or liquid)
  • 1 cannabis plant seed

This means you can legally possess, for example, 150 grams of fresh cannabis.

If I’m charged with possession over the legal limit, is the amount of marijuana important?

Yes — a small amount is less serious. The more you have, the greater your chance of being charged with possession for the purpose of trafficking. That’s a more serious offence with more serious penalties.

Can I bring marijuana across the border?

No. It’s illegal to transport cannabis across the Canadian border. It doesn’t matter whether you’re leaving or entering Canada. It doesn’t matter what the laws of your destination are. It doesn’t even matter if you’re authorized to use cannabis for medical purposes. Or how much you have with you. The upshot: it’s against the law.

What are the rules for young people?

If you’re under 19, you can’t possess or use cannabis. It’s illegal. (There’s an exemption for medical marijuana.)

If you’re under 19 and found with more than five grams of cannabis, the police can give you a ticket. The penalty is a $200 fine. If you pay it, you won’t get a criminal record.

It’s an offence to sell or supply cannabis to someone under age 19.

Who can help

Finding a lawyer

The legal issues for possession of marijuana over the legal limit can be complex. And a conviction can seriously harm you. You can call the Lawyer Referral Service to get the name of a lawyer. You can speak to the lawyer for a free half-hour legal consultation about your case, to help decide whether you would want to hire them.

  • Call 604-687-3221 (Greater Vancouver) or 1-800-663-1919 (toll-free)
  • Visit website

You can contact Legal Aid BC to find out if you qualify for a free lawyer under legal aid.

  • Call 604-408-2172 (Greater Vancouver) or 1-866-577-2525 (toll-free)
  • Visit website

If you can’t afford to hire a lawyer and you don’t qualify for legal aid, try to at least talk to a lawyer. They’ll help you decide how to respond to any charge against you. On your first appearance in court or when you enter your plea, you can talk to duty counsel at the courthouse. These are lawyers who give free legal advice to people who have a case in the courthouse on that day.

With more information

The BC government’s Get Cannabis Clarity website explains cannabis laws, including where you can buy, use or grow marijuana.

The federal government’s Cannabis in Canada website summarizes cannabis laws.

Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence Dial-A-Law © People's Law School is licensed under a Creative Commons Attribution - NonCommercial - ShareAlike 4.0 International Licence.