Canadian Bill to Reform Marijuana Laws
Softer penalties for marijuana possession but tougher penalties for growers
Bill to Modernize Marijuana Laws
Legislation to modernize the way Canada enforces laws on marijuana was re-introduced in the House on February 12, 2004. The Act to amend the Contraventions Act and the Controlled Drugs and Substances Act was originally tabled in May 2003, but died on the Order Paper when the House was closed to make way for new Liberal Prime Minister Paul Martin.
The new marijuana reform bill is unchanged. It keeps cannabis possession and production illegal under the Canadian Controlled Drugs and Substances Act, but introduces softer penalties for possession of small amounts of marijuana and tougher penalties for growers of marijuana. The penalties for traffickers remain the same, with a maximum sentence of life.
The Canadian government hopes to send the message that marijuana is harmful and illegal, but it also wants to provide a more realistic and consistent approach for law enforcement across Canada. The new penalties for possession of small amounts of marijuana mean that casual pot smokers and young people who experiment with pot would not be faced with a criminal record that would follow them for life.
The marijuana reform bill distinguishes between penalties for adults and penalties for youths. A youth is someone under the age of 18. Parents or guardians of young people who receive a ticket or are charged with marijuana possession will be notified.
The penalties in the new marijuana legislation are:
* for possession of 15 grams or less of marijuana, enough for about 15 or 20 joints, the penalty would be a ticket with a fine of $150 for an adult, $100 for a youth
* for possession of one gram or less of cannabis resin (hashish), a ticket with a fine of $300 for an adult, $200 for a youth
* for possession of 15 grams or less of marijuana or one gram or less of cannabis resin where aggravating factors exist, the fines would be $400 for an adult and $250 for a youth. Aggravating factors include possession while committing an indictable offence, operating a motor vehicle, and on or near school grounds.
* for possession of from 15 grams to 30 grams of marijuana, the police would have the discretion to give a ticket or issue a criminal court summons. The ticket would be $300 for an adult and $200 for a youth. The summary conviction penalty would be up to six months in prison and/or a fine of up to $1,000.
Penalties for Growing Marijuana
The production of marijuana in Canada is currently punishable by up to seven years imprisonment. The new marijuana legislation creates different offences depending on the size of the marijuana growing operation.
The penalties for growing marijuana under the new marijuana legislation would be
* for growing one to three plants, the penalty would be a fine of up to $5000 and/or 12 months in jail
* for growing four to 25 plants, the penalty would be a fine of up to $25,000 and/or 18 months in jail, or if pursued by indictment, five years less a day imprisonment
* for growing 26 to 50 plants, a sentence of up to ten years would apply
* for growing more than 50 plants, the sentence could be up to 14 years.
~ Susan Munroe
Softer penalties for marijuana possession but tougher penalties for growers
Bill to Modernize Marijuana Laws
Legislation to modernize the way Canada enforces laws on marijuana was re-introduced in the House on February 12, 2004. The Act to amend the Contraventions Act and the Controlled Drugs and Substances Act was originally tabled in May 2003, but died on the Order Paper when the House was closed to make way for new Liberal Prime Minister Paul Martin.
The new marijuana reform bill is unchanged. It keeps cannabis possession and production illegal under the Canadian Controlled Drugs and Substances Act, but introduces softer penalties for possession of small amounts of marijuana and tougher penalties for growers of marijuana. The penalties for traffickers remain the same, with a maximum sentence of life.
The Canadian government hopes to send the message that marijuana is harmful and illegal, but it also wants to provide a more realistic and consistent approach for law enforcement across Canada. The new penalties for possession of small amounts of marijuana mean that casual pot smokers and young people who experiment with pot would not be faced with a criminal record that would follow them for life.
The marijuana reform bill distinguishes between penalties for adults and penalties for youths. A youth is someone under the age of 18. Parents or guardians of young people who receive a ticket or are charged with marijuana possession will be notified.
The penalties in the new marijuana legislation are:
* for possession of 15 grams or less of marijuana, enough for about 15 or 20 joints, the penalty would be a ticket with a fine of $150 for an adult, $100 for a youth
* for possession of one gram or less of cannabis resin (hashish), a ticket with a fine of $300 for an adult, $200 for a youth
* for possession of 15 grams or less of marijuana or one gram or less of cannabis resin where aggravating factors exist, the fines would be $400 for an adult and $250 for a youth. Aggravating factors include possession while committing an indictable offence, operating a motor vehicle, and on or near school grounds.
* for possession of from 15 grams to 30 grams of marijuana, the police would have the discretion to give a ticket or issue a criminal court summons. The ticket would be $300 for an adult and $200 for a youth. The summary conviction penalty would be up to six months in prison and/or a fine of up to $1,000.
Penalties for Growing Marijuana
The production of marijuana in Canada is currently punishable by up to seven years imprisonment. The new marijuana legislation creates different offences depending on the size of the marijuana growing operation.
The penalties for growing marijuana under the new marijuana legislation would be
* for growing one to three plants, the penalty would be a fine of up to $5000 and/or 12 months in jail
* for growing four to 25 plants, the penalty would be a fine of up to $25,000 and/or 18 months in jail, or if pursued by indictment, five years less a day imprisonment
* for growing 26 to 50 plants, a sentence of up to ten years would apply
* for growing more than 50 plants, the sentence could be up to 14 years.
~ Susan Munroe
