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While the Liberals have promised to legalize marijuana in 2017, it's important to know that currently you can still be charged for selling, producing or possessing marijuana. This is clearly outlined in Section 2 of the Controlled Drugs and Substances Act. "Traffic" in the context of this legislation is related to activities concerning substances included in Schedules I to IV. These activities may include selling, administering, giving, transferring, transporting, sending or delivering the substance.
Moreover, selling authorization to obtain the substance is also considered "traffic". It also applies to any offer to undertake any action mentioned in the previous points, unless these activities are done under the authority of the regulations. Cannabis, also referred to as marijuana, is listed under Schedule II of the Controlled Drugs and Substances Act. As such, it is currently illegal to sell, administer, give, transfer, transport, send, or deliver marijuana.
If you're facing charges related to drug trafficking or any other drug offences, it's crucial to seek legal counsel from a drug offence lawyer who can provide guidance and representation to protect your rights and navigate the complexities of the legal proceedings.
The Controlled Drugs and Substances Act lays out the punishment for offences related to substances, including marijuana, in Section 3.
It states that anyone who disobeys subsections 1 or 2, and whose offence involves a substance listed in Schedule I in quantities not exceeding one kilogram or any substance from Schedule II, can be charged with an indictable offence. The punishment for such an offence could be as severe as life imprisonment. In addition to this, there is a minimum punishment of imprisonment for a term of one year, under certain circumstances like if the offence was committed for trafficking, if the person abused a position of trust or authority while committing the offence, or if the person had access to a restricted area and used this access to commit the offence.
In the case where the offence involves a substance listed in Schedule I in an amount greater than one kilogram, the individual could be convicted of an indictable offence, which carries the risk of life imprisonment. In such cases, there is also a minimum punishment of two years imprisonment.
For charges involving a substance from Schedule III or VI, the person may be charged with an indictable offence and can get a prison term not exceeding ten years or be found guilty of an offence punishable on summary conviction and get a prison term not exceeding eighteen months.
Lastly, if the offence is related to a substance in Schedule IV or V, the individual can be charged with an indictable offence, potentially leading to a prison term not exceeding three years, or can be found guilty of an offence punishable on summary conviction, with potential imprisonment for a term not exceeding one year.
Section 10 of the Controlled Drugs and Substances Act highlights factors to be contemplated when sentencing for crimes of this nature.
The section particularly refers to subsection 10(2), which advises the court, in the absence of a required minimum punishment, to take certain aggravating factors into account.
Among these factors are whether the convicted person: carried, used or threatened to use a weapon in relation to the commission of the offence, used or threatened to use violence, trafficked in a substance listed in Schedule I, II, III or IV or possessed such a substance with intent to traffic in or near a school, on or near school grounds or in or near any other public place frequented by persons under eighteen years of age, or trafficked such a substance to a person under eighteen years of age.
Furthermore, the court should consider it as an aggravating factor if the convicted person has a previous conviction for a designated substance offence. If the services of a person under the age of eighteen years were used to commit the crime, or such a person was involved in the commission of the offence, this should also be taken into account by the court while considering the sentence.
