Toronto Criminal Lawyer

Legalization Did Not Make Everything Legal

When the Cannabis Act came into force on October 17, 2018, Canada became one of the first countries in the world to legalize recreational cannabis at the federal level. For many Canadians, this meant that possessing and using cannabis was no longer a criminal offence. However, legalization did not create a free-for-all. The Cannabis Act established a detailed regulatory framework with strict rules about possession limits, distribution, production, and sales. Violating these rules can still result in serious criminal charges.

If you are facing drug charges related to cannabis in Ontario, it is important to understand what the law actually permits and where the criminal boundaries remain.

What Is Legal Under the Cannabis Act

For adults aged 19 and older in Ontario, the following activities are legal under the Cannabis Act and the provincial Cannabis Control Act:

• Possessing up to 30 grams of dried cannabis (or its equivalent in other forms) in public
• Purchasing cannabis from a provincially licensed retailer or the Ontario Cannabis Store
• Growing up to four cannabis plants per household for personal use (from seeds obtained from a legal source)
• Sharing up to 30 grams of dried cannabis with other adults
• Consuming cannabis in private residences and in certain public places where smoking tobacco is permitted
• Possessing cannabis accessories such as pipes and vaporizers

These permissions come with important details. The 30-gram limit is based on dried cannabis equivalents, and different cannabis products such as edibles, concentrates, and liquids have different conversion rates. Understanding how your cannabis products translate into the dried equivalent is important for staying within the legal limits.

Criminal Offences That Still Apply

The Cannabis Act creates several offences that carry significant penalties, including imprisonment. The following activities remain criminal in Canada:

Possession over the legal limit. Possessing more than 30 grams of dried cannabis (or equivalent) in public is an offence. For adults, this is a hybrid offence that can be prosecuted summarily or by indictment. The maximum penalty on indictment is five years imprisonment.

Distribution and sharing beyond legal limits. While sharing up to 30 grams with another adult is legal, distributing larger amounts or distributing to a minor is a criminal offence. Distributing cannabis to a person under 18 years of age is treated especially seriously, with a maximum penalty of 14 years imprisonment on indictment.

Illegal sales. Selling cannabis without a licence is a criminal offence. This includes operating unlicensed dispensaries, selling cannabis online through unauthorized channels, or selling cannabis person-to-person. The maximum penalty for unlicensed sales on indictment is 14 years imprisonment. Despite legalization, a substantial illegal market continues to operate, and police and prosecutors actively pursue these cases.

Illegal production. Growing more than four plants per household, or growing any plants from illegally obtained seeds, is an offence. Large-scale illegal grow operations carry maximum penalties of 14 years imprisonment on indictment.

Importing and exporting. Taking cannabis across international borders remains strictly prohibited, regardless of the legal status of cannabis in the destination country. This applies even to travel between Canada and jurisdictions where cannabis is legal, such as certain US states. The maximum penalty for import or export on indictment is 14 years imprisonment.

Cannabis-impaired driving. Driving while impaired by cannabis is a criminal offence under the Criminal Code, not the Cannabis Act. The penalties are the same as for alcohol-impaired driving, and police have the authority to conduct roadside screening for drug impairment using approved devices and standardized field sobriety testing.

Youth and Cannabis

The legal framework for cannabis and young people is strict. In Ontario, the minimum age for legal cannabis possession is 19. A person under 19 who possesses cannabis is not committing a criminal offence under the Cannabis Act (for amounts up to five grams), but they may face provincial penalties including fines and seizure of the cannabis.

However, a young person who possesses more than five grams, distributes cannabis, or is involved in illegal sales or production faces criminal charges under the Cannabis Act, prosecuted through the youth criminal justice system. The Youth Criminal Justice Act applies to these proceedings, with its own set of principles regarding sentencing and rehabilitation.

Adults who provide cannabis to minors face the most serious consequences. The Cannabis Act was designed in part to keep cannabis away from young people, and the sentencing provisions reflect that priority.

The Illegal Market Continues

One of the stated goals of legalization was to displace the illegal cannabis market. While the legal market has grown substantially since 2018, illegal sales continue at significant volume. Unlicensed dispensaries, online sellers operating outside the regulated system, and street-level dealers all remain active, particularly in major cities like Toronto.

Law enforcement continues to investigate and prosecute illegal cannabis operations. If you are purchasing cannabis from an unlicensed source, you should be aware that while buying small amounts for personal use may not typically result in prosecution, the sellers you are buying from face serious charges. And possessing cannabis obtained illegally can complicate your legal situation if other issues arise.

If you are facing charges related to cannabis production, distribution, or sales, the fact that cannabis is "legal" does not provide a defence if your activities fall outside the regulated framework. These are serious charges that require experienced legal representation.

What to Do If You Are Charged

If you are facing cannabis-related criminal charges in Ontario, the first step is to understand exactly what you have been charged with and what the potential consequences are. The range of penalties under the Cannabis Act is wide, from relatively modest consequences for minor possession over the limit to the possibility of years in prison for large-scale trafficking or production offences.

An experienced criminal defence lawyer in Toronto can review the circumstances of your charge, assess the strength of the Crown's case, and advise you on the best path forward. Defences may include challenging the legality of a search, questioning the measurement or weight of the cannabis, or arguing that your activities fell within the legal framework. Understanding your rights regarding police searches is often particularly relevant in drug cases.

For the full text of the Cannabis Act and its regulations, visit the Department of Justice legislation site.