This means that cannabis has been legalized for recreational purposes in Canada by Bill C-45. Cannabis is now governed by the Cannabis Act instead of the Controlled Drugs and Substances Act.
If you are over the age of 18, you can have up to 30 grams of cannabis with you at any time – provided that the marijuana you have with you has been purchased from a retail business approved by the AGLC. You still can’t buy any cannabis from an individual, or any place that is not approved by the AGLC.
If you are charged with carrying more than 30 grams of cannabis (s. 8 of the Cannabis Act), you should speak to a lawyer at Roulston Urquhart immediately, as there are a broad range of defences available to you.
The potential outcomes / legal consequences for carrying more than 30g of marijuana are:
- Charges are withdrawn with no criminal record.
- A fine, which could result in a criminal record.
- A jail sentence for very serious matters.
The potential outcome will also depend on your personal circumstances and the amount of cannabis you had with you. The lawyers at Roulston Urquhart have extensive experience defending cannabis cases and we’ll do everything we can to ensure you come out of this without a criminal record. Your lawyer at Roulston Urquhart will enter vigorous negotiations with the Crown to ensure the best outcome if you are charged.
You can sell cannabis as an individual, business or organization – provided you have been authorized to do so by the AGLC. This means that in order to sell cannabis, you will need a retail license from the AGLC.
Once you get a retail license from the AGLC, you must sell marijuana ONLY from an incorporated, licensed, retail cannabis store. You also can only sell cannabis products that have been approved by the AGLC.
Even if you do not have a retail license, you can give up to 30 grams of cannabis to any person over the age of 18 – as long as the cannabis is for free. You cannot sell cannabis for a price to any person unless you have been authorized by the AGLC – otherwise, you may be charged with the criminal offence of trafficking marijuana.
It is crucial that you consult with a lawyer at Roulston Urquhart before saying anything to the police. Roulston Urquhart will walk you through how to deal with this situation to the best of your advantage.
Your lawyer at Roulston Urquhart will review your file and discuss defences available to you. These defences may include:
- You did not intend to sell marijuana – instead, you intended to gift the marijuana (i.e. for free)
- There are issues with the credibility of the police officer who arrested you. For example, the police officer has a record for acting improperly or unlawfully in the course of his duties. This is also known as McNeill disclosure.
- The police violated your rights under the Charter of Rights and Freedoms. For example, the police may have violated your rights by searching you and seizing the marijuana. Your lawyer will negotiate with the Crown to try to get the best resolution possible considering your rights have been violated. In the alternative, if we go to trial, we will prepare you and strategize your case to have the best chance at an acquittal. that the marijuana should be excluded as evidence at trial to credibility issues pertaining to witnesses and lack of intention to commit the offence.
The punishment for selling weed without an AGLC license vary depending on the age of the people you sold to and where you sold it. The good news is that there is no minimum punishment for this offence – this means that a broad range of options are available to you, including:
- Charges are withdrawn with no criminal record.
- A ticket, which would mean you do not get a criminal record.
- A fine, which would result in a criminal record.
- A jail sentence with a criminal record for very serious matters.
The lawyers at Roulston Urquhart will devote the time and resources required to your case in order to ensure the best outcome for you.
Anyone in Canada can grow up to four marijuana plants per dwelling house. A “dwelling house” includes any yard, garden, or land that is attached to a home, and any other building or substructure on the land. Although there are restrictions as to the amount of plants you have, there is no restriction as to the size of those plants.
It is important to note that the limit is four plants per dwelling house – not per individual. This means that if you are living with someone who already has four marijuana plants in the dwelling house that you are living in, you have reached the limit and cannot have additional plants for yourself.
You also cannot grow marijuana outside of your dwelling house or have more than 4 plants unless authorized by Health Canada to do so.
The lawyers at Roulston Urquhart are available for a free 30-minute consultation should you have any additional questions about marijuana usage or the potential charges you may face.