Cannabis Act

An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts

Canada (Federal)· C-24.5· 1,148 sections· current to 2026-03-26In force

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Policy areas

Justice & the Law Health & Health Care Consumer Protection

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Sections1,167

1Short title
This Act may be cited as the Cannabis Act.
2Definitions
2(1)
The following definitions apply in this Act.
2(1)[p3]
analyst means an individual who is designated as an analyst under section 130. (analyste)
2(1)[p4]
Attorney General means
2(1)[p4](a)
the Attorney General of Canada, and includes his or her lawful deputy; or
2(1)[p4](b)
with respect to proceedings commenced at the instance of the government of a province and conducted by or on behalf of that government, the Attorney General of that province, and includes his or her lawful deputy. (procureur général)
2(1)[p7]
brand element includes a brand name, trademark, tradename, distinguishing guise, logo, graphic arrangement, design or slogan that is reasonably associated with, or that evokes,
2(1)[p7](a)
cannabis, a cannabis accessory or a service related to cannabis; or
2(1)[p7](b)
a brand of any cannabis, cannabis accessory or service related to cannabis. (élément de marque)
2(1)[p10]
brand-preference promotion means promotion of cannabis by means of its brand characteristics, promotion of a cannabis accessory by means of its brand characteristics or promotion of a service related to cannabis by means of the brand characteristics of the service. (promotion de marque)
2(1)[p11]
cannabis means a cannabis plant and anything referred to in Schedule 1 but does not include anything referred to in Schedule 2. (cannabis)
2(1)[p12]
cannabis accessory means
2(1)[p12](a)
a thing, including rolling papers or wraps, holders, pipes, water pipes, bongs and vaporizers, that is represented to be used in the consumption of cannabis; or
2(1)[p12](b)
a thing that is deemed under subsection (3) to be represented to be used in the consumption of cannabis. (accessoire)
2(1)[p15]
cannabis plant means a plant that belongs to the genus Cannabis. (plante de cannabis)
2(1)[p16]
chemical offence-related property means offence-related property that is a chemical and includes
2(1)[p16](a)
anything that contains any offence-related property that is a chemical; or
2(1)[p16](b)
anything that has any offence-related property on it that is a chemical. (bien infractionnel chimique)
2(1)[p19]
chemical property means
2(1)[p19](a)
any chemical offence-related property;
2(1)[p19](b)
a chemical that is not chemical offence-related property; or
2(1)[p19](c)
anything that contains a chemical referred to in paragraph (b) or anything that has such a chemical on it. (bien chimique)
2(1)[p23]
competent authority means a public authority of a foreign country that is authorized under the laws of that country to approve the importation or exportation of cannabis into or from that country. (autorité compétente)
2(1)[p24]
designated offence means
2(1)[p24](a)
an offence under subsection 9(1) or (2), 10(1) or (2), 11(1) or (2), 12(1), (4), (5), (6) or (7), 13(1) or 14(1); or
2(1)[p24](b)
a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a). (infraction désignée)
2(1)[p27]
distribute includes administering, giving, transferring, transporting, sending, delivering, providing or otherwise making available in any manner, whether directly or indirectly, and offering to distribute. (distribuer)
2(1)[p28]
dried cannabis means any part of a cannabis plant that has been subjected to a drying process, other than seeds. (cannabis séché)
2(1)[p29]
dwelling-house has the same meaning as in section 2 of the Criminal Code. (maison d’habitation)
2(1)[p30]
government means any of the following or their institutions:
2(1)[p30](a)
the federal government;
2(1)[p30](b)
a corporation named in Schedule III to the Financial Administration Act;
2(1)[p30](c)
the government of a province or a public body established under an Act of the legislature of a province;
2(1)[p30](d)
an aboriginal government as defined in subsection 13(3) of the Access to Information Act;
2(1)[p30](e)
the government of a foreign state or of a subdivision of a foreign state; and
2(1)[p30](f)
an international organization of states. (administration)
2(1)[p37]
illicit cannabis means cannabis that is or was sold, produced or distributed by a person prohibited from doing so under this Act or any provincial Act or that was imported by a person prohibited from doing so under this Act. (cannabis illicite)
2(1)[p38]
informational promotion means a promotion by which factual information is provided to the consumer about
2(1)[p38](a)
cannabis or its characteristics;
2(1)[p38](b)
a cannabis accessory or its characteristics;
2(1)[p38](c)
a service related to cannabis; or
2(1)[p38](d)
the availability or price of cannabis, a cannabis accessory or a service related to cannabis. (promotion informative)
2(1)[p43]
inspector means an individual who is designated as an inspector under section 84. (inspecteur)
2(1)[p44]
judge means a judge as defined in section 552 of the Criminal Code or a judge of a superior court of criminal jurisdiction. (juge)
2(1)[p45]
justice has the same meaning as in section 2 of the Criminal Code. (juge de paix)
2(1)[p46]
label includes a legend, word or mark that is, or is to be, applied or attached to or included in, or that accompanies or is to accompany, cannabis or a cannabis accessory or a package. (étiquette)
2(1)[p47]
Minister means the member of the Queen’s Privy Council for Canada who is designated as the Minister under section 4. (ministre)
2(1)[p48]
non-chemical offence-related property means offence-related property that is not chemical offence-related property. (bien infractionnel non chimique)
2(1)[p49]
offence-related property means, with the exception of cannabis, any property within or outside Canada
2(1)[p49](a)
by means of or in respect of which a designated offence is committed;
2(1)[p49](b)
that is used in any manner in connection with the commission of a designated offence; or
2(1)[p49](c)
that is intended for use for the purpose of committing a designated offence. (bien infractionnel)
2(1)[p53]
organization has the same meaning as in section 2 of the Criminal Code. (organisation)
2(1)[p54]
package means any inner or outer container or covering. (emballage)
2(1)[p55]
person means an individual or organization. (personne)
2(1)[p56]
possession has the same meaning as in subsection 4(3) of the Criminal Code. (possession)
2(1)[p57]
prescribed means prescribed by the regulations. (Version anglaise seulement)
2(1)[p58]
produce, in respect of cannabis, means to obtain it by any method or process, including by
2(1)[p58](a)
manufacturing;
2(1)[p58](b)
synthesis;
2(1)[p58](c)
altering its chemical or physical properties by any means; or
2(1)[p58](d)
cultivating, propagating or harvesting it or any living thing from which it may be extracted or otherwise obtained. (production)
2(1)[p63]
promote, in respect of a thing or service, means to make, for the purpose of selling the thing or service, a representation — other than a representation on a package or label — about the thing or service by any means, whether directly or indirectly, that is likely to influence and shape attitudes, beliefs and behaviours about the thing or service. (promotion)
2(1)[p64]
public place includes any place to which the public has access as of right or by invitation, express or implied, and any motor vehicle located in a public place or in any place open to public view. (lieu public)
2(1)[p65]
sell includes offer for sale, expose for sale and have in possession for sale. (vente)
2(1)[p66]
young person means
2(1)[p66](a)
for the purposes of sections 8, 9 and 12, an individual who is 12 years of age or older but under 18 years of age; and
2(1)[p66](b)
for the purposes of any other provision of this Act, an individual who is under 18 years of age. (jeune)
2(2)Dried cannabis
For the purposes of this Act, dried cannabis is a class of cannabis.
2(3)Deeming — cannabis accessory
For the purposes of the definition cannabis accessory, a thing that is commonly used in the consumption of cannabis is deemed to be represented to be used in the consumption of cannabis if the thing is sold at the same point of sale as cannabis.
2(4)Equivalency
For the purposes of this Act, a quantity referred to in column 2 of Schedule 3 in respect of any class of cannabis referred to in column 1 of that Schedule is deemed to be equivalent to 1 g of dried cannabis.
3Interpretation
Every power, duty or function imposed under this Act that may be exercised or performed in respect of an offence under this Act may be exercised or performed in respect of a conspiracy, or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under this Act.
4Designation of Minister
The Governor in Council may, by order, designate a member of the Queen’s Privy Council for Canada as the Minister for the purposes of this Act.
5Youth Criminal Justice Act
The Youth Criminal Justice Act applies in respect of contraventions of provisions of this Act or of the regulations.
5.1For greater certainty
For greater certainty, nothing in this Act is to be construed as limiting the operation of the extrajudicial measures that are provided for under the Youth Criminal Justice Act.
6Act binding on Her Majesty
This Act is binding on Her Majesty in right of Canada or a province.
7Purpose
The purpose of this Act is to protect public health and public safety and, in particular, to
7(a)
protect the health of young persons by restricting their access to cannabis;
7(b)
protect young persons and others from inducements to use cannabis;
7(c)
provide for the licit production of cannabis to reduce illicit activities in relation to cannabis;
7(d)
deter illicit activities in relation to cannabis through appropriate sanctions and enforcement measures;
7(e)
reduce the burden on the criminal justice system in relation to cannabis;
7(f)
provide access to a quality-controlled supply of cannabis; and
7(g)
enhance public awareness of the health risks associated with cannabis use.
8Possession
8(1)
Unless authorized under this Act, it is prohibited
8(1)(a)
for an individual who is 18 years of age or older to possess, in a public place, cannabis of one or more classes of cannabis the total amount of which, as determined in accordance with Schedule 3, is equivalent to more than 30 g of dried cannabis;
8(1)(b)
for an individual who is 18 years of age or older to possess any cannabis that they know is illicit cannabis;
8(1)(c)
for a young person to possess cannabis of one or more classes of cannabis the total amount of which, as determined in accordance with Schedule 3, is equivalent to more than 5 g of dried cannabis;
8(1)(d)
for an individual to possess, in a public place, one or more cannabis plants that are budding or flowering;
8(1)(e)
for an individual to possess more than four cannabis plants that are not budding or flowering; or
8(1)(f)
for an organization to possess cannabis.
8(2)Punishment
Subject to section 51, every person that contravenes subsection (1)
8(2)(a)
is guilty of an indictable offence and is liable
8(2)(a)(i)
in the case of an individual who is 18 years of age or older, to imprisonment for a term of not more than five years less a day,
8(2)(a)(ii)
in the case of a young person, to a youth sentence under the Youth Criminal Justice Act, or
8(2)(a)(iii)
in the case of an organization, to a fine in an amount that is in the discretion of the court; or
8(2)(b)
is guilty of an offence punishable on summary conviction and is liable
8(2)(b)(i)
in the case of an individual who is 18 years of age or older, to a fine of not more than $5,000 or imprisonment for a term of not more than six months, or to both,
8(2)(b)(ii)
in the case of a young person, to a youth sentence under the Youth Criminal Justice Act, or
8(2)(b)(iii)
in the case of an organization, to a fine of not more than $100,000.
8.1Definition of medical emergency
8.1(1)
For the purposes of this section, medical emergency means a physiological event induced by the introduction of a psychoactive substance into the body of a person that results in a life-threatening situation and in respect of which there are reasonable grounds to believe that the person requires emergency medical or law enforcement assistance.
8.1(2)Exemption — medical emergency
No person who seeks emergency medical or law enforcement assistance because that person, or another person, is suffering from a medical emergency is to be charged or convicted of an offence under subsection 8(1) if the evidence in support of that offence was obtained or discovered as a result of that person having sought assistance or having remained at the scene.
8.1(3)Exemption — persons at the scene
The exemption under subsection (2) also applies to any person, including the person suffering from the medical emergency, who is at the scene on the arrival of the emergency medical or law enforcement assistance.
8.1(4)Exemption — evidence
No person who seeks emergency medical or law enforcement assistance because that person, or another person, is suffering from a medical emergency, or who is at the scene on the arrival of the assistance, is to be charged with an offence concerning a violation of any condition of a pre-trial release or probation order relating to an offence under subsection 8(1) if the evidence in support of that offence was obtained or discovered as a result of that person having sought assistance or having remained at the scene.
8.1(5)Deeming
Any condition of a person’s pre-trial release, probation order, conditional sentence or parole relating to an offence under subsection 8(1) that may be violated as a result of the person seeking emergency medical or law enforcement assistance for their, or another person’s, medical emergency, or as a result of having been at the scene on the arrival of the assistance, is deemed not to be violated.
9Distribution
9(1)
Unless authorized under this Act, it is prohibited
9(1)(a)
for an individual who is 18 years of age or older
9(1)(a)(i)
to distribute cannabis of one or more classes of cannabis the total amount of which is equivalent, as determined in accordance with Schedule 3, to more than 30 g of dried cannabis,
9(1)(a)(ii)
to distribute cannabis to an individual who is under 18 years of age,
9(1)(a)(iii)
to distribute cannabis to an organization, or
9(1)(a)(iv)
to distribute cannabis that they know is illicit cannabis;
9(1)(b)
for a young person
9(1)(b)(i)
to distribute cannabis of one or more classes of cannabis the total amount of which is equivalent, as determined in accordance with Schedule 3, to more than 5 g of dried cannabis,
9(1)(b)(ii)
to distribute cannabis to an organization;
9(1)(c)
for an individual
9(1)(c)(i)
to distribute one or more cannabis plants that are budding or flowering, or
9(1)(c)(ii)
to distribute more than four cannabis plants that are not budding or flowering; or
9(1)(d)
for an organization to distribute cannabis.
9(2)Possession for purpose of distributing
Unless authorized under this Act, it is prohibited to possess cannabis for the purpose of distributing it contrary to subsection (1).
9(3)Defence — subparagraph (1)(a)(ii)
It is not a defence to a charge arising out of the contravention of subparagraph (1)(a)(ii) that the accused believed that the individual referred to in that subparagraph was 18 years of age or older, unless the accused took reasonable steps to ascertain the individual’s age.
9(4)Defence — subsection (2)
It is not a defence to a charge arising out of the contravention of subsection (2) of possessing cannabis for the purpose of distributing it to an individual referred to in subparagraph (1)(a)(ii) that the accused believed that the individual was 18 years of age or older, unless the accused took reasonable steps to ascertain the individual’s age.
9(5)Punishment
Subject to section 51, every person that contravenes subsection (1) or (2)
9(5)(a)
is guilty of an indictable offence and is liable
9(5)(a)(i)
in the case of an individual who is 18 years of age or older, to imprisonment for a term of not more than 14 years,
9(5)(a)(ii)
in the case of a young person, to a youth sentence under the Youth Criminal Justice Act, or
9(5)(a)(iii)
in the case of an organization, to a fine in an amount that is in the discretion of the court; or
9(5)(b)
is guilty of an offence punishable on summary conviction and is liable
9(5)(b)(i)
in the case of an individual who is 18 years of age or older who contravenes any of subparagraphs (1)(a)(i), (iii) and (iv) and (c)(i) and (ii) — or subsection (2) other than by possessing cannabis for the purpose of distributing it contrary to subparagraph (1)(a)(ii) — to a fine of not more than $5,000 or imprisonment for a term of not more than six months, or to both,
9(5)(b)(ii)
in the case of an individual who is 18 years of age or older who contravenes subparagraph (1)(a)(ii) — or subsection (2) if the possession was for the purpose of distribution contrary to subparagraph (1)(a)(ii) — to a fine of not more than $15,000 or imprisonment for a term of not more than 18 months, or to both,
9(5)(b)(iii)
in the case of a young person, to a youth sentence under the Youth Criminal Justice Act, or
9(5)(b)(iv)
in the case of an organization, to a fine of not more than $100,000.
10Selling
10(1)
Unless authorized under this Act, it is prohibited to sell cannabis, or any substance represented or held out to be cannabis, to
10(1)(a)
an individual who is 18 years of age or older;
10(1)(b)
an individual who is under 18 years of age; or
10(1)(c)
an organization.
10(2)Possession for purpose of selling
Unless authorized under this Act, it is prohibited to possess cannabis for the purpose of selling it contrary to any of paragraphs (1)(a) to (c).
10(3)Defence — paragraph (1)(b)
It is not a defence to a charge arising out of the contravention of paragraph (1)(b) that the accused believed that the individual referred to in that paragraph was 18 years of age or older, unless the accused took reasonable steps to ascertain the individual’s age.
10(4)Defence — subsection (2)
It is not a defence to a charge arising out of the contravention of subsection (2) of possessing cannabis for the purpose of selling it contrary to paragraph (1)(b) that the accused believed that the individual referred to in that paragraph was 18 years of age or older, unless the accused took reasonable steps to ascertain the individual’s age.
10(5)Punishment
Subject to section 51, every person that contravenes any of paragraphs (1)(a) to (c) or subsection (2)
10(5)(a)
is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years; or
10(5)(b)
is guilty of an offence punishable on summary conviction and is liable
10(5)(b)(i)
in the case of an individual who contravenes paragraph (1)(a) or (c) — or subsection (2) other than by possessing cannabis for the purpose of selling it contrary to paragraph (1)(b) — to a fine of not more than $5,000 or imprisonment for a term of not more than six months, or to both,
10(5)(b)(ii)
in the case of an individual who contravenes paragraph (1)(b) — or subsection (2) if the possession was for the purpose of selling contrary to paragraph (1)(b) — to a fine of not more than $15,000 or imprisonment for a term of not more than 18 months, or to both, or
10(5)(b)(iii)
in the case of an organization, to a fine of not more than $100,000.
11Importing and exporting
11(1)
Unless authorized under this Act, the importation or exportation of cannabis is prohibited.
11(2)Possession for purpose of exporting
Unless authorized under this Act, it is prohibited to possess cannabis for the purpose of exporting it.
11(3)Punishment
Every person that contravenes subsection (1) or (2)
11(3)(a)
is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years; or
11(3)(b)
is guilty of an offence punishable on summary conviction and is liable
11(3)(b)(i)
in the case of an individual, to a fine of not more than $5,000 or imprisonment for a term of not more than six months, or to both, or
11(3)(b)(ii)
in the case of an organization, to a fine of not more than $300,000.
12Production
12(1)
Unless authorized under this Act, it is prohibited
12(1)(a)
to obtain or offer to obtain cannabis by any method or process, including by manufacturing, by synthesis or by using any means of altering the chemical or physical properties of cannabis; or
12(1)(b)
to alter or offer to alter the chemical or physical properties of cannabis by the use of an organic solvent.
12(2)Authorized alteration
An individual may alter the chemical or physical properties of any cannabis that they are not prohibited by this Act from possessing.
12(3)Definition of organic solvent
In paragraph (1)(b), organic solvent means any organic compound that is explosive or highly or extremely flammable, including petroleum naphtha and compressed liquid hydrocarbons such as butane, isobutane, propane and propylene.
12(4)Cultivation, propagation and harvesting — 18 years of age or older
Unless authorized under this Act, it is prohibited for an individual who is 18 years of age or older to cultivate, propagate or harvest, or to offer to cultivate, propagate or harvest,
12(4)(a)
a cannabis plant that is from a seed or plant material that they know is illicit cannabis; or
12(4)(b)
more than four cannabis plants at any one time in their dwelling-house.
12(5)Cultivation, propagation and harvesting — dwelling-house limit
Unless authorized under this Act, if two or more individuals who are 18 years of age or older are ordinarily resident in the same dwelling-house, it is prohibited for any of those individuals to cultivate, propagate or harvest any cannabis plants if doing so results in there being more than four such plants being cultivated, propagated or harvested at any one time in the dwelling-house.
12(6)Cultivation, propagation and harvesting — 18 years of age or older — without authorization
Unless authorized under this Act, it is prohibited for an individual who is 18 years of age or older
12(6)(a)
to cultivate, propagate or harvest any cannabis plant at a place that is not their dwelling-house or to offer to do so; or
12(6)(b)
to cultivate, propagate or harvest any living thing, other than a cannabis plant, from which cannabis may be extracted or otherwise obtained, or to offer to do so.
12(7)Cultivation, propagation and harvesting — young persons and organizations
Unless authorized under this Act, it is prohibited for a young person or an organization to cultivate, propagate or harvest any cannabis plant or any other living thing from which cannabis may be extracted or otherwise obtained, or to offer to do any of those things.
12(8)Definition of dwelling-house
For the purposes of this section, dwelling-house, in respect of an individual, means the dwelling-house where the individual is ordinarily resident and includes
12(8)(a)
any land that is subjacent to it and the immediately contiguous land that is attributable to it, including a yard, garden or any similar land; and
12(8)(b)
any building or structure on any land referred to in paragraph (a).
12(9)Punishment
Subject to section 51, every individual who is 18 years of age or older who contravenes any of subsections (1), (4), (5) and (6) or any organization that contravenes subsection (1) or (7)
12(9)(a)
is guilty of an indictable offence and is liable to a term of imprisonment of not more than 14 years; or
12(9)(b)
is guilty of an offence punishable on summary conviction and is liable
12(9)(b)(i)
in the case of an individual, to a fine of not more than $5,000 or imprisonment for a term of not more than six months, or to both, or
12(9)(b)(ii)
in the case of an organization, to a fine of not more than $100,000.
12(10)Punishment — young person
Every young person who contravenes subsection (1) or (7) is guilty of an indictable offence, or an offence punishable on summary conviction, and is liable to a youth sentence under the Youth Criminal Justice Act.
13Possession, etc., for use in production or distribution of illicit cannabis
13(1)
It is prohibited to possess, produce, sell, distribute or import anything with the intention that it will be used to produce, sell or distribute illicit cannabis.
13(2)Punishment
Every person that contravenes subsection (1)
13(2)(a)
is guilty of an indictable offence and is liable to imprisonment for a term of not more than seven years; or
13(2)(b)
is guilty of an offence punishable on summary conviction and is liable
13(2)(b)(i)
in the case of an individual, to a fine of not more than $5,000 or imprisonment for a term of not more than six months, or to both, or
13(2)(b)(ii)
in the case of an organization, to a fine of not more than $100,000.
14Use of young person
14(1)
It is prohibited to use the services of, or to involve, a young person in the commission of an offence under subsection 9(1) or (2), 10(1) or (2), 11(1) or (2), 12(1), (4), (5), (6) or (7) or 13(1).
14(2)Punishment
Every person that contravenes subsection (1)
14(2)(a)
is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years; or
14(2)(b)
is guilty of an offence punishable on summary conviction and is liable
14(2)(b)(i)
in the case of an individual, to a fine of not more than $15,000 or imprisonment for a term of not more than 18 months, or to both, or
14(2)(b)(ii)
in the case of an organization, to a fine of not more than $100,000.
15Sentencing
15(1)
Without restricting the generality of the Criminal Code, the fundamental purpose of any sentence for an offence under this Division is to contribute to the respect for the law and the maintenance of a just, peaceful and safe society while encouraging rehabilitation, and treatment in appropriate circumstances, of offenders and acknowledging the harm done to victims and to the community.
15(2)Factors to take into consideration
If an individual is convicted of a designated offence, the court imposing sentence on the individual must consider any relevant aggravating factors, including that the individual
15(2)(a)
in relation to the commission of the offence,
15(2)(a)(i)
carried, used or threatened to use a weapon,
15(2)(a)(ii)
used or threatened to use violence, or