Cannabis Act (S.C. 2018, c. 16)

Marginal note:Possession

• 8 (1) Unless authorized under this Act, it is prohibited

  • (a) for an individual who is 18 years of age or older to possess, in a public place, cannabis of one or more classes of cannabis the total amount of which, as determined in accordance with Schedule 3, is equivalent to more than 30 g of dried cannabis;

  • (b) for an individual who is 18 years of age or older to possess any cannabis that they know is illicit cannabis;

  • (c) for a young person to possess cannabis of one or more classes of cannabis the total amount of which, as determined in accordance with Schedule 3, is equivalent to more than 5 g of dried cannabis;

  • (d) for an individual to possess, in a public place, one or more cannabis plants that are budding or flowering;

  • (e) for an individual to possess more than four cannabis plants that are not budding or flowering; or

  • (f) for an organization to possess cannabis.

• Marginal note:Punishment

  (2) Subject to section 51, every person that contravenes subsection (1)

  • (a) is guilty of an indictable offence and is liable

    • (i) in the case of an individual who is 18 years of age or older, to imprisonment for a term of not more than five years less a day,

    • (ii) in the case of a young person, to a youth sentence under the Youth Criminal Justice Act, or

    • (iii) in the case of an organization, to a fine in an amount that is in the discretion of the court; or

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

    • (i) in the case of an individual who is 18 years of age or older, 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 a young person, to a youth sentence under the Youth Criminal Justice Act, or

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