Information About Marijuana Arrests
The Cannabis Act is the law that legalizes cannabis—or marijuana—throughout Canada. The primary purpose of the Cannabis Act is to create a legal framework to control the sale, distribution, and production of cannabis throughout Canada.
Another goal is to keep cannabis away from underage consumers and criminals. Even though cannabis is now legal in Calgary, regulations are still strict, and you can be penalized for possessing an amount of cannabis that is over the legal limit—and for illegally selling or distributing cannabis. If you have been arrested and charged with a marijuana crime in Calgary, the skilled criminal defence team at Bourdon Defence is ready to assist you with your case today.
Possessing More Cannabis Than the Legal Limit
Police officers can arrest a person for possessing more than the legally permissible level of cannabis. When it comes to possession limits, an adult who is at least 18 years of age is legally permitted to possess 150 grams of fresh cannabis. If police find you in possession of more than this legal limit, you can receive a citation if the amount is small. However, if you were allegedly in possession of an excessive amount of cannabis, you can be sentenced to a maximum of five years of incarceration. Cannabis possession consists of both actual possession and constructive possession. Actual possession of cannabis typically means that cannabis is found directly on the accused’s person. If the police find cannabis in the person’s clothing pocket, for example, that is considered actual possession. If they find the cannabis within the person’s immediate vicinity and control, the person can still face accusations of constructive possession of the cannabis.
Illegal Distribution or Sale
Illegally selling or distributing cannabis is still a crime in Canada. This includes drug trafficking crimes and other types of illegal cannabis distribution. If the court convicts you of illegally distributing or selling cannabis in Calgary, you can be sentenced to a sentence involving:
- A citation if a small amount of cannabis is involved
- 14 years of incarceration if you are arrested and charged with distributing or selling a large amount of cannabis
Illegal Production of Cannabis
Although the law permits cannabis cultivation for some purposes, you can still be arrested for and charged with producing cannabis that exceeds the personal cultivation limits (or for producing cannabis with combustible solvents). Again, if the amount is small, you may only receive a ticket. However, if a large amount of cannabis is involved, you can receive a maximum of 14 years in jail.
Call a Calgary Drug Defence Lawyer Today
Although cannabis is legal in Calgary, you can still end up with an arrest or conviction if you exceed the law’s limitations. A drug defence lawyer at Bourdon Defence can help you defend against your cannabis charge and pursue a favourable outcome at a court proceeding. To schedule your free consultation with a knowledgeable drug defence lawyer in Calgary, you can reach us today at (403) 474-4143, or contact us online.