Cannabis Act (S.C. 2018, c. 16)

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Act current to 2018-11-20 and last amended on 2018-10-17. Previous Versions

PART 1Prohibitions, Obligations and Offences (continued)

DIVISION 1Criminal Activities (continued)

Marginal note:Use of young person

  •  (1) It is prohibited to use the services of, or to involve, a young person in the commission of an offence under subsection 9(1) or (2), 10(1) or (2), 11(1) or (2), 12(1), (4), (5), (6) or (7) or 13(1).

  • Marginal note:Punishment

    (2) Every person that contravenes subsection (1)

    • (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years; or

    • (b) is guilty of an offence punishable on summary conviction and is liable

      • (i) in the case of an individual, to a fine of not more than $15,000 or imprisonment for a term of not more than 18 months, or to both, or

      • (ii) in the case of an organization, to a fine of not more than $100,000.

Marginal note:Sentencing

  •  (1) Without restricting the generality of the Criminal Code, the fundamental purpose of any sentence for an offence under this Division is to contribute to the respect for the law and the maintenance of a just, peaceful and safe society while encouraging rehabilitation, and treatment in appropriate circumstances, of offenders and acknowledging the harm done to victims and to the community.

  • Marginal note:Factors to take into consideration

    (2) If an individual is convicted of a designated offence, the court imposing sentence on the individual must consider any relevant aggravating factors, including that the individual

    • (a) in relation to the commission of the offence,

      • (i) carried, used or threatened to use a weapon,

      • (ii) used or threatened to use violence, or

      • (iii) sold or distributed cannabis or possessed it for the purpose of sale or distribution, in or near a school, on or near school grounds or in or near any other public place usually frequented by young persons; and

    • (b) was previously convicted of a designated offence, as defined in subsection 2(1) of this Act, or a designated substance offence, as defined in subsection 2(1) of the Controlled Drugs and Substances Act.

  • Marginal note:Reasons

    (3) If, in the case of an individual who is convicted of a designated offence, the court is satisfied of the existence of one or more of the aggravating factors enumerated in paragraphs (2)(a) and (b), but decides not to sentence the individual to imprisonment, the court must give reasons for that decision.

  • Marginal note:Drug treatment court program

    (4) A court sentencing an individual who is convicted of an offence under this Division may delay sentencing to enable the individual

    • (a) to participate in a drug treatment court program approved by the Attorney General; or

    • (b) to attend a treatment program under subsection 720(2) of the Criminal Code.

DIVISION 2Other Prohibitions

SUBDIVISION APromotion

Marginal note:Non-application

 Subject to the regulations, this Subdivision does not apply

  • (a) to a literary, dramatic, musical, cinematographic, scientific, educational or artistic work, production or performance that uses or depicts cannabis, a cannabis accessory or a service related to cannabis, or a brand element of any of those things, whatever the mode or form of its expression, if no consideration is given, directly or indirectly, for that use or depiction in the work, production or performance;

  • (b) to a report, commentary or opinion in respect of cannabis, a cannabis accessory or a service related to cannabis or a brand element of any of those things, if no consideration is given, directly or indirectly, for the reference to the cannabis, cannabis accessory, service or brand element in that report, commentary or opinion;

  • (c) to a promotion, by a person that is authorized to produce, sell or distribute cannabis, that is directed at any person that is authorized to produce, sell or distribute cannabis, but not, either directly or indirectly, at consumers; or

  • (d) to a promotion, by a person that sells or distributes cannabis accessories or that provides a service related to cannabis, that is directed at any person that sells or distributes cannabis accessories, at any person that is authorized to produce, sell or distribute cannabis, but not, either directly or indirectly, at consumers.

Marginal note:Promotion

  •  (1) Unless authorized under this Act, it is prohibited to promote cannabis or a cannabis accessory or any service related to cannabis, including

    • (a) by communicating information about its price or distribution;

    • (b) by doing so in a manner that there are reasonable grounds to believe could be appealing to young persons;

    • (c) by means of a testimonial or endorsement, however displayed or communicated;

    • (d) by means of the depiction of a person, character or animal, whether real or fictional; or

    • (e) by presenting it or any of its brand elements in a manner that associates it or the brand element with, or evokes a positive or negative emotion about or image of, a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring.

  • Marginal note:Exception — informational promotion — cannabis

    (2) Subject to the regulations, a person that is authorized to produce, sell or distribute cannabis may promote cannabis by means of informational promotion or brand-preference promotion if the promotion is

    • (a) in a communication that is addressed and sent to an individual who is 18 years of age or older and is identified by name;

    • (b) in a place where young persons are not permitted by law;

    • (c) communicated by means of a telecommunication, where the person responsible for the content of the promotion has taken reasonable steps to ensure that the promotion cannot be accessed by a young person;

    • (d) in a prescribed place; or

    • (e) done in a prescribed manner.

  • Marginal note:Exception — informational promotion — cannabis accessories and services

    (3) Subject to the regulations, a person may promote a cannabis accessory or a service related to cannabis by means of informational promotion or brand-preference promotion if the promotion is

    • (a) in a communication that is addressed and sent to an individual who is 18 years of age or older and is identified by name;

    • (b) in a place where young persons are not permitted by law;

    • (c) communicated by means of a telecommunication, where the person responsible for the content of the promotion has taken reasonable steps to ensure that the promotion cannot be accessed by a young person;

    • (d) in a prescribed place; or

    • (e) done in a prescribed manner.

  • Marginal note:Exception — point of sale — cannabis

    (4) Subject to the regulations, a person that is authorized to sell cannabis may promote it at the point of sale if the promotion indicates only its availability, its price or its availability and price.

  • Marginal note:Exception — point of sale — cannabis accessory and services

    (5) Subject to the regulations, a person that sells a cannabis accessory or provides a service related to cannabis may promote it at the point of sale if the promotion indicates only its availability, its price or its availability and price.

  • Marginal note:Exception — brand element on other things

    (6) Subject to the regulations, a person may promote cannabis, a cannabis accessory or a service related to cannabis by displaying a brand element of cannabis, of a cannabis accessory or of a service related to cannabis on a thing that is not cannabis or a cannabis accessory, other than

    • (a) a thing that is associated with young persons;

    • (b) a thing that there are reasonable grounds to believe could be appealing to young persons; or

    • (c) a thing that is associated with a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring.

Marginal note:False promotion — cannabis

  •  (1) It is prohibited to promote cannabis in a manner that is false, misleading or deceptive or that is likely to create an erroneous impression about its characteristics, value, quantity, composition, strength, concentration, potency, purity, quality, merit, safety, health effects or health risks.

  • Marginal note:False promotion — cannabis accessory

    (2) It is prohibited to promote a cannabis accessory in a manner that is false, misleading or deceptive or that is likely to create an erroneous impression about its design, construction, performance, intended use, characteristics, value, composition, merit, safety, health effects or health risks.

 
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