On October 17, 2018, recreational cannabis was legalized in Canada under the Cannabis Act. There are now strict rules in place to govern the production, distribution, sale and possession of cannabis. If you are not familiar with these new rules, you may find yourself being charged with a drug offence. So, here are some things that are still illegal though cannabis has been legalized:
Possession of an excessive amount of marijuana
While you can possess marijuana for recreational use, you are not allowed to have an unlimited amount. Each person is only allowed to have 30 grams of dried cannabis in his or her possession at any given time. For fresh cannabis, you can legally possess up to 150 grams. If you have cannabis seeds you are allowed to have 30 seeds as each seed is considered as an ounce.
Having more than four cannabis plants
You are now allowed to have a few home-grown cannabis plants for personal use unless you are living in Quebec or Manitoba. In Quebec and Manitoba, it is still illegal to grow any cannabis at home. In the rest of Canada, you are allowed to grow up to 4 cannabis plants. If you live with someone else, note that the law allows for 4 plants per household, not 4 plants per person.
Possession of a budding or flowering cannabis plant in public
Yes, the law allows you to have a few cannabis plants, but you may find yourself in legal trouble if you are found in possession of a flowering or budding plant in public. You can still move your plants from one location to another; as long as you ensure they do not have any buds or flowers. A budding or flowering plant in public could land you in prison for up to 5 years.
Selling marijuana without a without a licence
If you want to sell marijuana, you will need to have a licence to do so. You may, however, give marijuana away for free. This marijuana must be dried and be 30 grams or less.
Distributing marijuana to a minor
If you decide to share your cannabis with someone who is a minor, it is a crime. Committing such an offence could mean spending up to 14 years in prison.
Possessing illicit cannabis
Cannabis, even in legal amounts, is illicit if it is produced, sold or distributed by someone without the legal authorization to do so. Therefore, if you bought marijuana from an unlicensed distributor or if you got it from a minor or someone with more than the allowed number of plants, you are committing a crime.
Importing or exporting cannabis without authorization
If you are planning to take a trip outside of Canada, do not pack your cannabis. It is still illegal to travel internationally with or to ship cannabis unless you have a licence to import or export the product.
Do you need a drug charges lawyer in Toronto for any drug-related offence?
These are just some of the grey areas that have been created since the legalization of cannabis. If you found yourself in legal trouble for a drug offence, our drug charges lawyer, Sam Goldstein, can help. If you already have a drug conviction, Sam Goldstein will fight to have that conviction overturned through appeal. So, contact us today to schedule an appointment with one of Toronto’s most experienced drug charges lawyer. Let him help you avoid having a drug conviction on your record.