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Cannabis Act Offences

The Charge

The newly enacted Cannabis Act provides a framework for legalizing, regulating and restricting access to cannabis in Canada. The goals of the Act are to restrict youth access to cannabis and to provide for the legal production and distribution of cannabis while promoting safe use and public awareness of the health risks associated with cannabis. The Act imposes serious criminal penalties on people who break the law, especially those who import or export cannabis illegally, produce cannabis illegally or provide cannabis to youth.

What is legal?

Subject to provincial or territorial restrictions, adults who are 19 or older (in British Columbia) may legally:

Purchase limited amounts of fresh cannabis, dried cannabis, cannabis oil or cannabis plants from authorized retailers;
Possess up to 30 grams of legal dried cannabis or equivalent in non-dried form;
Consume cannabis in locations authorized by local jurisdictions;
Grow up to 4 plants per household;
Share up to 30 grams of dried cannabis or equivalent with other adults.

What remains illegal?

All possession, production and distribution outside the legal system of the Cannabis Act remains illegal. The Act sets out various offences for “Criminal Activities,” with up to a maximum penalty of 14 years in jail.

To protect youth, the Cannabis Act prohibits selling cannabis to anyone under 18 years of age. Giving or selling cannabis to youth or involving a youth to commit a cannabis related offence (such as distribution) are punishable by jail.

Possession of illicit cannabis is unlawful under the Act. Illicit cannabis is cannabis obtained from a source other than a government or other licenced cannabis retailer.

Ticketable Offences

The Cannabis Act, under section 51, sets out that for the more minor cannabis offences, police may commence proceedings by issuing a ticket and a summons to attend court. The types of ticketable offences include minor contraventions such as:

  • Possessing more than 30 but less than 50 grams of dried cannabis or its equivalent;
  • Possessing up to 50 grams of illicit cannabis;
  • Distributing or selling up to 50 grams of cannabis;
  • Possessing 5 or 6 cannabis plants.

The fine for most Cannabis Act ticketable offences is $200.00. Of note, if a person pays the fine within the time period set out by regulation, the person, under s. 52 is found guilty but deemed to have received an absolute discharge.

Criminal Offences

Other than the ticketable offences for minor cannabis offences, the Cannabis Act calls for the criminal prosecutions in cases where, for example, the person is charged with:

  • Possessing more than 50 grams of dried cannabis (or its equivalent) in a public place;
  • Distributing more than 50 grams of dried cannabis (or its equivalent);
  • Distributing cannabis to an individual under 19 years of age (in British Columbia);
  • Exporting cannabis;
  • Producing, cultivating, propagating or harvesting cannabis in excess of 6 plants without authorization.

Recent Successes

R. v. T.C. – Fraud Over $5000 Investigation

Charge: Fraud Over $5000.
Issue: Given the civil settlement of this $245,000 misappropriation from employer case, whether there was any interest in pursuing  a criminal investigation and prosecution.
Result: Mr. Johnson was able to negotiate a civil settlement and obtained a Final Release from the complainant. No criminal investigation occurred. No risk of jail or criminal prosecution.

R. v. Q.D.T. – Vancouver Provincial Court

Charge: Assault.
Issue: Given the rehabilitative steps we were able to guide our client through, whether it was in the public interest to continue the criminal prosecution.
Result: Mr. Gauthier was able to persuade Crown counsel to allow our client into the Alternative Measures program. Upon completion of Alternative Measures, Crown enteresd a stay of proceedings. No criminal record.

R. v. A.M. – Possession of Stolen Property Investigation – Squamish RCMP

Charge: Possession of Stolen Property (motor vehicles).
Issue: Whether there was sufficient evidence that our client was aware that the vehicles that he possessed had been obtained by the commission of crimes.
Result: Mr. Gauthier was able to steer our client through the police investigation. Ultimately, based on insufficient evidence, police declined to forward charges against our client. No prosecution. No criminal record.

R. v. S.R. – Insurance Fraud Investigation

Charge: Insurance fraud over $5000 investigation.
Issue: Given our client’s rehabilitation and repayment of disputed funds, whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Gauthier was able to persuade the Insurance company to settle the matter on a civil basis. No criminal charges were forwarded. No criminal record.

R. v. A.B. – Vancouver Provincial Court

Charge: Break and Enter.
Issue: Given our client's mental health issues, whether a conditional discharge was an appropriate sentence for this drug store break in.
Result: Mr. Gauthier  provided Crown counsel with information about our client which persuaded Crown to make a joint submission for a conditional discharge. No jail. No criminal conviction.

R. v. M.G. – Nanaimo Provincial Court

Charges: Sexual Assault; Theft of Motor Vehicle x2; Break & Enter.
Issue: Whether or not it was in the public interest to proceed with the trial considering the reluctance oft the Crown's central witness and rehabilitative steps we were able to guide our client through.
Result: Mr. Gauthier was able to provide information to Crown counsel that ultimately led to a stay of proceedings on all counts. No criminal record.

R. v. S.G. – Port Coquitlam Provincial Court

Charges: Obstruct peace officer.
Issue: Whether it was in the public interest to continue with a criminal prosecution.
Result: Given our client's remorse and rehabilitation, Mr. Gauthier was able to persuade Crown counsel to divert our client into the Alternative Measures Program and to withdraw the charge. No criminal record.  

R. vs. A.B. – Insurance Fraud Investigation

Charge:  Fraud Under $5000.
Issue: Given our client's rehabilitation and repayment of the disputed funds, whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Gauthier was able to persuade the insurance company to settle the matter on a civil basis. No criminal charges were forwarded. No criminal record.

R. v. S.M. – Surrey Provincial Court

Charges: Uttering Threats (domestic).
Issue: Given the circumstances of the incident and our client's background, whether it was in the public interest to proceed with the charge.
Result: Considering our client's unblemished history awaiting trial,  Mr. Gauthier was able to persuade Crown counsel to withdraw the charge. No criminal record.

R. v. M.L. – Vancouver Provincial Court

Charges: Sexual Assault; Breach of undertaking.
Issue: Whether the complaint met the Crown's charge approval standard. Whether it was in the public interest to proceed with the breach charge.
Result: Mr. Gauthier was able to provide information to Crown on our client's behalf which, ultimately, resulted in Crown not approving any charge on the sexual assault complaint and agreeing to a 12 month peace bond on the breach charge. No jail. No criminal record.

R. v. A.L. – Creston Provincial Court

Charge: Possession of a prohibited weapon for a dangerous purpose.
Issue: Given our client's background and the context of the offence, whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Mines was able to provide information to Crown counsel that culminated in Crown's agreement to refer our client into the Alternative Measures Program. No criminal record.

R. v. S.S.M. – Vancouver Provincial Court

Charge: Assault (domestic).
Issue: Given the rehabilitative steps we were able to guide our client through, whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Gauthier was able to provide relevant information to Crown on our client's behalf which resulted in Crown entering a stay of proceedings. No criminal record.

The Defence

Because the Cannabis Act retains the power to regulate and punish for “criminal activity” associated with unauthorized distribution and possession of cannabis, criminal law defences will continue to apply to cannabis prosecutions.

Unreasonable Search

Section 8 of the Charter guarantees the right to be free from an unreasonable search. As experienced drug lawyers, we will analyze the actions of investigating officers to test whether police have, in fact, conducted a lawful search, based on reasonable grounds. Where police overreach their authority, and conduct a search based on a mere hunch or suspicion we will apply to the court under s. 24(2) of the Charter to have the evidence obtained through the unreasonable search excluded at trial. Without the admission of the cannabis that was unlawfully obtained, the court will find insufficient evidence to convict.

The Cannabis was not for the purpose of distribution or sale

In order to prove that possession was for the purpose of distribution or sale, the Crown will usually bring a police expert to court who will testify that the circumstances of the seizure, along with the packaging and weight of the cannabis tend to prove that the cannabis was intended to be distributed. Our experience in defending drug charges allows us to develop arguments aimed at challenging expert opinion that the circumstances of the cannabis seizure are only consistent with distribution and not simple possession. In many cases we have succeeded in negotiating possession for distribution charges down to simple possession charges to avoid jail sentences for our clients.

Lack of Possession

In many situations, accused persons are arrested without cannabis directly in their possession. For example, they may be driving someone else’s car and cannabis is found in an unmarked box in the trunk. A roommate may be charged with possession for distribution but none of the cannabis is found in their personal space of the residence. In these situations, the Crown will seek to prove possession through indirect, or circumstantial evidence. As experienced defence lawyers, we understand the Crown’s burden in proving that an accused had the requisite knowledge and control of the cannabis in order to be convicted. We are dedicated to holding the Crown to the high standard that the law requires when prosecuting cannabis offences. We are committed to defending our client’s rights as guaranteed by the Charter.

Start with a free consultation.

If you are being investigated by police or if you’ve been charged with a criminal or driving offence, don’t face the problem alone. Being accused of an offence is stressful. The prospects of a criminal record or jail sentence can be daunting. Even if you think there is no defence, we may be able to help. To schedule a free initial consultation with one of our Vancouver lawyers, contact us now.