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.

Marginal note:Importing and exporting

• 11 (1) Unless authorized under this Act, the importation or exportation of cannabis is prohibited.

• Marginal note:Possession for purpose of exporting

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

• Marginal note:Punishment

  (3) Every person that contravenes subsection (1) or (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, 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 $300,000.

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.