Drug Offences Cannabis Act ss. 8-12 Hybrid

Cannabis

Anyone of legal age (varies by province) can possess less than 30 grams of cannabis in its dried state for personal recreational use.

Last reviewed: July 2026 Section: Cannabis Act ss. 8-12 Classification: Hybrid
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Plain-Language Summary

Cannabis: Legal Limits and the Penalties

Cannabis offences cover having, growing, or selling cannabis beyond legal limits. They cover things the Cannabis Act bans, like selling to a minor or moving cannabis across the border. Having or growing too much can carry up to 5 years less a day. Illegal selling, or supplying a minor, can carry up to 14 years. There is no minimum sentence.

Cannabis: Anyone of legal age, which is a number that varies by province, can possess cannabisDried leaves, extracts, oils and edibles derived from plants belonging to genus Cannabis (also known as marijuana) for personal recreational uses as long as you have less than the equivalent of 30 grams of its dried state. Edible forms of the drug are popular but pose special risks. The penalties for simple possession over the legal limit range from fines to up to six months in jail, with longer sentences given if you involve minors or take the drug across the border.

Cannabis is Legal, with Limitations

Cannabis remains the most commonly used drug in Canada. Its recreational use is legal as long as you buy it from a licenced supplier. In most provinces and territories you have to be 19 to purchase the product, with that limit dropping to 18 in Alberta and rising to 21 in Quebec.

Recreational cannabis became fully legal on Oct. 17, 2018. As long as you of legal age, the Cannabis Act allows you to possess up to the equivalent of 30 grams of dried cannabis. It must be purchased from a licensed retailer, either in person or online, and can be carried in public and shared with other adults. You can grow up to four cannabis plants per residence for personal use, or make food and drinks from the cannabis, as long as organic solvents are not used to create concentrated products.

Street Names for Cannabis

Marijuana. Weed. Pot. Bud. Green. Herb. Grass. 420. Ganga. Dope. Joint. Edibles. Blunt. Reefer. Mary Jane. Stinkweed. Chronic. Skunk. Blaze. Broccoli.

The Attraction and Dangers of Edibles

“Edibles” is a term for cannabis-infused products that includes beverages, cotton candy, dissolvable strips, gummy candies or baked goods. Edibles are legal in Canada and are favoured by those looking to avoid inhaling the smoke from joints or pipes. If you consume edibles, keep in mind that they can be more potent and affect you for longer periods of time, as compared to products that are inhaled. Health Canada advises (Cannabis: lower your risks) new users to “start low and go slow” with edibles, as it can take up to four hours before the effect of edibles fully kicks in.

 

Possession Limits for Cannabis Products

The possessionHaving knowledge and control of something — not only physically holding it, but also an item kept somewhere else that you know about and control. limits in the Cannabis Act are based on dried cannabis. One gram of dried cannabis is equal to five grams of fresh cannabis, meaning that you can legally possess 150 grams of fresh cannabis. One gram of dried cannabis also equals 15 grams of edible product, 70 grams of liquid product, 0.25 grams of concentrates (solid or liquid) or one cannabis plant seed.

Cannabis Possession Offences and Penalties

Ontario, British Columbia and Quebec have introduced programs that allow certain minor criminal offences, such as the possession of small amounts of cannabis that still exceed the personal limit, to be dealt with non‑judicially under certain conditions.

What follows are the common cannabis possession offences:

Adult possession of the equivalent of more than 30 grams of dried cannabis in public. If treated as an indictable offenceA more serious type of Canadian criminal offence., the maximum sentence is a prison term up to five years less a day. If treated as a summary convictionUsed for lesser offences, a fine not exceeding $5,000 or imprisonment of no more than six months, or both.

Adult possession of cannabis they know is illicit or not legally grown and purchased. With indictable offences, imprisonment can be up to five years less a day. With summary convictions, a fine not exceeding $5,000, or imprisonment not exceeding six months, or both.

Young personA person dealt with under the youth criminal justice system. (12‑17 years of age) possessing the equivalent of more than five grams of dried cannabis. This can be an indictable or a summary conviction offence and is dealt with under the Youth Criminal Justice Act (YCJA).

Possession of one or more budding or flowering cannabis plants in a public place. With indictable offences, the maximum sentence is imprisonment up to five years less a day. With summary convictions, the fine not exceeding $5,000, or imprisonment no more than six months, or both. For youths, it can be either an indictable or summary conviction offence, dealt with under the YCJA.

Possession of more than four cannabis plants that are not budding or flowering. With indictable offences, the maximum sentence is a prison term for up to five years less a day. With summary convictions, a fine not exceeding $5,000, or imprisonment not exceeding six months, or both. For youths, it can be either an indictable or summary conviction offence, dealt with under the YCJA.

Organization possessing cannabis. With indictable offences, the fine is at the court’s discretion. With summary conviction offences, the fine is not to exceed $100,000.

Illegal distribution or sale. Fines are given for small amounts with a maximum sentence of up to 14 years in prison for larger amounts.

Producing cannabis beyond personal cultivation limits. There are fines for small amounts with a maximum sentence of up to 14 years in prison for larger amounts.

Producing with organic solvents. An indictable offence with a maximum sentence up to 14 years in jail.

Taking cannabis across Canada's borders. An indictable offence with a maximum sentence up to 14 years in jail.

Giving or selling cannabis to a person under 18. An indictable offence with a maximum sentence up to 14 years in jail.

Using a youth to commit a cannabis-related offence. An indictable offence with a maximum sentence up to 14 years in jail.

Ticketable Offences

Some minor Cannabis Act contraventions may be ticketable offences under s. 51. Ticket treatment depends on the specific offence and facts.

Possible Penalties

These are maximum sentences. Actual sentences depend on the facts, criminal history, and any mitigating or aggravating circumstances.

Possession over the public limit — Cannabis Act s. 8(1), penalty s. 8(2)

Hybrid
Maximum (indictment)
5 years less a day
Summary option
Fine up to $5,000 and/or imprisonment up to 6 months

No mandatory minimum currently applies. Youth possession over the youth limit is handled under the youth-sentencing framework, not the adult penalty row.

Distribution, including distribution to a minor — Cannabis Act s. 9(1)/(2), penalty s. 9(5)

Hybrid
Maximum (indictment)
14 years
Summary option
Fine up to $5,000 and/or imprisonment up to 6 months; distribution to a minor: fine up to $15,000 and/or imprisonment up to 18 months

No mandatory minimum currently applies.

Selling, including sale to a minor — Cannabis Act s. 10(1)/(2), penalty s. 10(5)

Hybrid
Maximum (indictment)
14 years
Summary option
Fine up to $5,000 and/or imprisonment up to 6 months; sale to a minor: fine up to $15,000 and/or imprisonment up to 18 months

No mandatory minimum currently applies.

Importing or exporting — Cannabis Act s. 11(1)/(2), penalty s. 11(3)

Hybrid
Maximum (indictment)
14 years
Summary option
Fine up to $5,000 and/or imprisonment up to 6 months; organizations: fine up to $300,000

No mandatory minimum currently applies.

Production, including exceeding the four-plant home limit — Cannabis Act s. 12

Hybrid
Maximum (indictment)
14 years
Summary option
Fine up to $5,000 and/or imprisonment up to 6 months; organizations: fine up to $100,000

No mandatory minimum currently applies.

What these words mean
Indictable
The more serious way to prosecute an offence. It can carry higher maximum penalties.
Summary conviction
The less serious, usually faster way to prosecute an offence, with lower maximum penalties.
Hybrid
An offence the Crown can prosecute either way — by indictment or by summary conviction.
Summary only
Summary-only offences are prosecuted by summary conviction. The Criminal Code sets the maximum penalty in the specific offence section.
Crown election
The Crown prosecutor’s choice of which way to proceed on a hybrid offence.

Possible Defences and Legal Issues

This page covers more than one section. Possible defences and legal issues are set out by section below.

Cannabis — Cannabis Act ss.8–12 (Authorization exception)

Sections 8, 9, 10, 11, and 12 of the Cannabis Act each say the prohibited conduct does not apply where it is “authorized under this Act” — covering possession, distribution, selling, importing and exporting, and production, including the home cultivation limits. This means a valid authorization, licence, or permit under the Act may matter, but only if it actually covers that substance, quantity, and activity. The Crown still has to prove the parts of the offence charged.

Cannabis — Cannabis Act ss.9–10 (Belief in age is not a defence)

Sections 9 and 10 of the Cannabis Act say “It is not a defence to a charge” of distributing, possessing for distribution, selling, or possessing for sale to a person under 18, that the accused believed the other person was 18 years of age or older, “unless the accused took reasonable steps to ascertain the individual’s age” — and a genuine but unreasonable belief is not, on its own, enough. The Crown still has to prove the other parts of the offence, and whether reasonable steps were taken depends on the facts.

Common Legal Terms

Terms marked with a dotted underline in the article above are defined here and available in the full site glossary.

Indictable offence
Glossary entry →

An indictable offence is generally a more serious type of Canadian criminal offence. Some indictable matters have higher maximum penalties and may involve different court procedures, including election about the mode of trial in some cases.

Possession
Glossary entry →

In criminal law, possession means having knowledge and control of something. It does not only mean physically holding an item — it can include an item kept somewhere else, or in someone else's keeping for your use or benefit, that you know about and have control over.

Summary conviction
Glossary entry →

Summary convictions are used for lesser offences with penalties, fines and short jail time. They reflect the majority of offences as defined in the Code.

Young person
Glossary entry →
In Canadian youth criminal law, a young person generally means someone who was at least 12 but under 18 at the time of the alleged offence. Youth criminal cases follow different rules from adult criminal cases.

Legal sources

The official statute section(s) this page is based on. Always confirm against the official source before relying on it.

Government References

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