Canada

A Guide to Cannabis Possession Laws in Canada

Published on July 10, 2017 · Last updated July 28, 2020
Bag Marijuana Weed Pot and Cannabis

The federal government is in the process of legalizing and regulating the sales of cannabis for adult use, but in the meantime, cannabis is still considered a Schedule II drug under the Controlled Drug and Substances Act. Until July 1, 2018, it will remain an offense to possess and sell cannabis for non-medical purposes, including through unlicensed dispensaries and compassion clubs.

If you are a registered medical cannabis patient, you can legally possess up to 150 grams of cannabis. You may:

  • register with a licensed producer and order cannabis through their mailing program,
  • produce your own cannabis through home cultivation, or
  • appoint someone to grow cannabis for you.

You may not:

  • purchase cannabis through unlicensed dispensaries or compassion clubs,
  • cultivate cannabis at home while registered with a licensed producer, or
  • sell cannabis to non-medical patients.

Until July 1, 2018, if you are caught with cannabis without being a registered medical patient, the court must first prove:

  • you had control of the marijuana (e.g. it was in your car, your pocket, your residence, etc.), and
  • you knew the marijuana was there.

Criminal Cannabis Penalties in Canada

OffenseLevel of offenseMonetary penaltyJail time
Possession of up to 30 grams1st offense$1,000 fine6 months in jail
2nd offense$2,000 fine1 year in jail
Trafficking1-2 years minimum
Possession with purpose of trafficking1-2 years minimum
Importing/Exporting1 year minimum
Production of 6-200 plants6 months minimum
With health & safety factors9 months minimum
Production of 201-500 plants1 year minimum
With health & safety factors18 months minimum
Production of 500+ plants2 years minimum
With health & safety factors3 years minimum
Production of oil or resin1 year minimum
With health & safety factors18 months minimum

For more information, please refer to the Controlled Drugs and Substances Act.

Related
The history of cannabis in Canada before federal legalization

The penalty may be reduced or increased depending on the amount of cannabis in possession, or depending on aggravating factors, such as health and safety concerns or the use of combustible solvents. Anecdotal evidence suggests many first-time offenders possessing cannabis end up paying a hefty fine towards charity in exchange for charges being dropped.

After July 1, 2018, there will still be penalties for certain cannabis-related crimes:

OffensePenalties
Illegal distribution or sale
  • Tickets for small amounts
  • Up to 14 years in jail
Possession of more than 30 grams
  • Tickets for small amounts
  • Up to 5 years in jail
Production of cannabis beyond personal cultivation limits or with combustible solvents
  • Tickets for small amounts
  • Up to 14 years in jail
Importing or exporting cannabis
  • Up to 14 years in jail

For more information on the legalization of cannabis, please refer to Legalizing and strictly regulating cannabis: the facts.

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Lisa Rough
Lisa Rough
Lisa is a former associate editor at Leafly, where she specialized in legislative cannabis policy and industry topics.
View Lisa Rough's articles
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