Cannabis Act (S.C. 2018, c. 16)

Marginal note:Selling

• 10 (1) Unless authorized under this Act, it is prohibited to sell cannabis, or any substance represented or held out to be cannabis, to

  • (a) an individual who is 18 years of age or older;

  • (b) an individual who is under 18 years of age; or

  • (c) an organization.

• Marginal note:Possession for purpose of selling

  (2) Unless authorized under this Act, it is prohibited to possess cannabis for the purpose of selling it contrary to any of paragraphs (1)(a) to (c).

• Marginal note:Defence — paragraph (1)(b)

  (3) It is not a defence to a charge arising out of the contravention of paragraph (1)(b) that the accused believed that the individual referred to in that paragraph was 18 years of age or older, unless the accused took reasonable steps to ascertain the individual’s age.

• Marginal note:Defence — subsection (2)

  (4) It is not a defence to a charge arising out of the contravention of subsection (2) of possessing cannabis for the purpose of selling it contrary to paragraph (1)(b) that the accused believed that the individual referred to in that paragraph was 18 years of age or older, unless the accused took reasonable steps to ascertain the individual’s age.

• Marginal note:Punishment

  (5) Subject to section 51, every person that contravenes any of paragraphs (1)(a) to (c) or subsection (2)

  • (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 who contravenes paragraph (1)(a) or (c) — or subsection (2) other than by possessing cannabis for the purpose of selling it contrary to paragraph (1)(b) — 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 an individual who contravenes paragraph (1)(b) — or subsection (2) if the possession was for the purpose of selling contrary to paragraph (1)(b) — to a fine of not more than $15,000 or imprisonment for a term of not more than 18 months, or to both, or

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