Cannabis Act (S.C. 2018, c. 16)

Marginal note:Production

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

  • (a) to obtain or offer to obtain cannabis by any method or process, including by manufacturing, by synthesis or by using any means of altering the chemical or physical properties of cannabis; or

  • (b) to alter or offer to alter the chemical or physical properties of cannabis by the use of an organic solvent.

• Marginal note:Authorized alteration

  (2) An individual may alter the chemical or physical properties of any cannabis that they are not prohibited by this Act from possessing.

• Marginal note:Definition of organic solvent

  (3) In paragraph (1)(b), organic solvent means any organic compound that is explosive or highly or extremely flammable, including petroleum naphtha and compressed liquid hydrocarbons such as butane, isobutane, propane and propylene.

• Marginal note:Cultivation, propagation and harvesting — 18 years of age or older

  (4) Unless authorized under this Act, it is prohibited for an individual who is 18 years of age or older to cultivate, propagate or harvest, or to offer to cultivate, propagate or harvest,

  • (a) a cannabis plant that is from a seed or plant material that they know is illicit cannabis; or

  • (b) more than four cannabis plants at any one time in their dwelling-house.

• Marginal note:Cultivation, propagation and harvesting — dwelling-house limit

  (5) Unless authorized under this Act, if two or more individuals who are 18 years of age or older are ordinarily resident in the same dwelling-house, it is prohibited for any of those individuals to cultivate, propagate or harvest any cannabis plants if doing so results in there being more than four such plants being cultivated, propagated or harvested at any one time in the dwelling-house.

• Marginal note:Cultivation, propagation and harvesting — 18 years of age or older — without authorization

  (6) Unless authorized under this Act, it is prohibited for an individual who is 18 years of age or older

  • (a) to cultivate, propagate or harvest any cannabis plant at a place that is not their dwelling-house or to offer to do so; or

  • (b) to cultivate, propagate or harvest any living thing, other than a cannabis plant, from which cannabis may be extracted or otherwise obtained, or to offer to do so.

• Marginal note:Cultivation, propagation and harvesting — young persons and organizations

  (7) Unless authorized under this Act, it is prohibited for a young person or an organization to cultivate, propagate or harvest any cannabis plant or any other living thing from which cannabis may be extracted or otherwise obtained, or to offer to do any of those things.

• Marginal note:Definition of dwelling-house

  (8) For the purposes of this section, dwelling-house, in respect of an individual, means the dwelling-house where the individual is ordinarily resident and includes

  • (a) any land that is subjacent to it and the immediately contiguous land that is attributable to it, including a yard, garden or any similar land; and

  • (b) any building or structure on any land referred to in paragraph (a).

• Marginal note:Punishment

  (9) Subject to section 51, every individual who is 18 years of age or older who contravenes any of subsections (1), (4), (5) and (6) or any organization that contravenes subsection (1) or (7)

  • (a) is guilty of an indictable offence and is liable to a term of imprisonment 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 $5,000 or imprisonment for a term of not more than six months, or to both, or

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

• Marginal note:Punishment — young person

  (10) Every young person who contravenes subsection (1) or (7) is guilty of an indictable offence, or an offence punishable on summary conviction, and is liable to a youth sentence under the Youth Criminal Justice Act.

Marginal note:Possession, etc., for use in production or distribution of illicit cannabis

• 13 (1) It is prohibited to possess, produce, sell, distribute or import anything with the intention that it will be used to produce, sell or distribute illicit cannabis.

• 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 seven 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 $5,000 or imprisonment for a term of not more than six months, or to both, or

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

Marginal note:Use of young person

• 14 (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

• 15 (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

16 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

• 17 (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.