Cannabis Act (S.C. 2018, c. 16)

Marginal note:Distribution

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

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

    • (i) to distribute cannabis of one or more classes of cannabis the total amount of which is equivalent, as determined in accordance with Schedule 3, to more than 30 g of dried cannabis,

    • (ii) to distribute cannabis to an individual who is under 18 years of age,

    • (iii) to distribute cannabis to an organization, or

    • (iv) to distribute cannabis that they know is illicit cannabis;

  • (b) for a young person

    • (i) to distribute cannabis of one or more classes of cannabis the total amount of which is equivalent, as determined in accordance with Schedule 3, to more than 5 g of dried cannabis,

    • (ii) to distribute cannabis to an organization;

  • (c) for an individual

    • (i) to distribute one or more cannabis plants that are budding or flowering, or

    • (ii) to distribute more than four cannabis plants that are not budding or flowering; or

  • (d) for an organization to distribute cannabis.

• Marginal note:Possession for purpose of distributing

  (2) Unless authorized under this Act, it is prohibited to possess cannabis for the purpose of distributing it contrary to subsection (1).

• Marginal note:Defence — subparagraph (1)(a)(ii)

  (3) It is not a defence to a charge arising out of the contravention of subparagraph (1)(a)(ii) that the accused believed that the individual referred to in that subparagraph 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 distributing it to an individual referred to in subparagraph (1)(a)(ii) that the accused believed that the individual 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 subsection (1) or (2)

  • (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 14 years,

    • (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 who contravenes any of subparagraphs (1)(a)(i), (iii) and (iv) and (c)(i) and (ii) — or subsection (2) other than by possessing cannabis for the purpose of distributing it contrary to subparagraph (1)(a)(ii) — 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 is 18 years of age or older who contravenes subparagraph (1)(a)(ii) — or subsection (2) if the possession was for the purpose of distribution contrary to subparagraph (1)(a)(ii) — to a fine of not more than $15,000 or imprisonment for a term of not more than 18 months, or to both,

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

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