annabis was decriminalized on October 17, 2018, but the legislative regime is strictly regulates cannabis. Unless specifically permitted by law, the possession, production, distribution and sale, import and export of cannabis remains illegal. Also, it is forbidden to drive while impaired by cannabis, but at the current state we maintain that it is very difficult to prove beyond a reasonable doubt that someone is impaired by cannabis. Click here for more details about this. In addition, any promotion, packaging and labeling of a cannabis product or accessory is forbidden except in exceptional cases. However, even if you fall under the exception since you have a license, the rules regarding the promotion, packaging, labeling, color, brand and logo are incredibly restrictive. 

What happens to cannabis seized in your home? When a police officer seizes cannabis at your home and you have a prescription that allows you to possess cannabis or you have a registration certificate authorizing you cultivate, you can claim from a judge within 60 days of seizure your cannabis. The judge will order the surrender of your cannabis if there is evidence that you are the owner of the cannabis and that the crown attorney does not indicate that the cannabis is necessary for a legal proceeding, such as a trial. If, however, the crown attorney indicates that the cannabis seized is necessary for a legal proceeding, the judge must order that the cannabis be handed to you 180 days after the date that you made the request if no procedure was undertaken by this time or at the end of the court proceedings, but only if you are declared not guilty.

If you are charged with possession of more than 30 grams, but less than 50 grams of dry cannabis in a public place, or possession of 50 grams or less of illegal cannabis (black market), you may receive a ticket or be criminally accused.

You may also be charged with trafficking of cannabis or, if you have been charged after October 17, 2018, with distribution and sale of cannabis if you’ve committed such acts despite not being the holder of a license. In such a case, the penalty can range from a fine to a term of imprisonment. If you sold cannabis to help someone who has an illness or worked for a dispensary, the penalties are generally less severe as the sale is made for the purpose of helping people suffering from illnesses.

In all cases, if you are under 18, the penalties are less severe and several options are available to you.

For cannabis production, there are several issues. It is forbidden to have production tools or produce cannabis without a permit. If you are a designated or registered person who can produce for yourself, you can produce the amount of plants listed on your registration certificate. But what happens if you exceed the limit? The jurisprudence is not entirely clear to that effect. However, it would seem that if you only slightly exceed the limit, the innocent mistake can serve as a defense. If you significantly exceed the limit then you can be accused of producing the amount of plants exceeding the prescribed limit. You may also be waiting for a new certificate due to a change of address, or a renewal, and the police may have searched the production site during the waiting period. In such a case, you still have a means of defense, but it is important to contact us as soon as possible.

However, to avoid finding yourself with a criminal accusation, it would be wise to call us if you have applied for a renewal or amendment and having been waiting for more than 4 weeks for your new registration certificate. We will apply to the Federal Court to speed up the process and ask that you be allowed you to produce cannabis during the waiting period that way you do not find yourself in a situation of illegality.

Note that there are legislative distinctions regarding cannabis in each province and municipality and that we are prepared to move or find other ways to help you if you face a cannabis problem in a province other than in Quebec.

FOR ANY INFORMATION ABOUT THE LEGAL ASPECT OF CANNABIS, CONTACT US.