Appendix E Offences, Procedures and Maximum Penalties Under Eight Alternative Models for the Control of Cannabis
Reports - Cannabis Control Policy |
Drug Abuse
Offences, Procedures and Maximum Penalties
Under Eight Alternative Models for the Control of Cannabis
Page
Table E-1. Narcotic Control Act, Bill S-19 and 83-77RD.................... 96
Table E-2. "Full 'Deeming Provisions'" and "Semi-Prohibition"....... 97
Table E-3. "Transfer to Schedule G," "Regulation" and
"Federal Withdrawal"......................................................... 98
Offence |
1. Narcotic Control Act |
2. Bill S-19 | 3. 83-77 RD | |
Simple Possession
|
Summary
Conviction
--------------- Indictment |
1st Offence: $1,000 fine and/or imprisonment for 6 months.
Subs. Offence: $2,000 fine and/or imprisonment for one year. ---------------------------- 7 years’ imprisonment |
1st Offence: $500 fine or, in default, imprisonment for 3 months. ("Discharged offenders are automatically "pardoned.")
Subs. Offence: $1,000 fine or, in default, imprisonment for 6 months. ------------------------------------ N/A |
$500 fine or, in default of payment, imprisonment for 3 months. (Offenders are "deemed" not to have been "charged, convicted, sentenced or prosecuted"; all CJS records subsequently closed to enquirers.)
--------------------------------- N/A |
Possession for the Purpose of Trafficking | Summary Conviction
---------------- Indictment |
N/A
---------------------------- Life imprisonment |
$1,000 fine and/or imprisonment for 18 months
------------------------------------ 14 years’ imprisonment, less one day |
$1,000 fine and/or imprison- ment for 18 months
---------------------------------- 10 years’ imprisonment |
Trafficking |
Summary
Conviction ------------- Indictment |
N/A
----------------------------- Life imprisonment |
$1,000 fine and/or imprisonment for 18 months
------------------------------------ 14 years’ imprisonment, less one day |
$1,000 fine and/or imprison- ment for 18 months
---------------------------------- 10 years’ imprisonment |
Import/ Export |
Summary
Conviction ---------------- Indictment |
N/A
----------------------------- Life imprisonment (7 years’ minimum) |
2 years’ imprisonment
------------------------------------ 10 years’ imprisonment |
(No separate offence: included in the definition of "trafficking.") |
Cultivation |
Summary
Conviction ----------------- Indictment |
N/A ----------------------------- 7 years’ imprisonment |
$1,000 fine and/or imprisonment for 18 months
------------------------------------ 10 years’ imprisonment |
$1,000 fine and/or imprisonment for 18 months
----------------------------------- 5 years’ imprisonment |
Appendix E
(Page 2)
Offences, Procedures and Maximum Penalties
Under Eight Alternative Models for the Control of Cannabis
Offence |
4. Full "Deeming Provisions" |
5. Semi-Prohibition | |
Simple Possession
|
Summary
Conviction
--------------- Indictment |
Nominal fine or, in default of payment, community work orders or use of civil creditor remedies. ("Ticketing" procedures; offenders are "deemed" not to have suffered any incidents of a criminal arrest or prosecution; all CJS records subsequently sealed or destroyed.)
---------------------------------------------------- N/A |
(Summary confiscation, but no offence) |
Possession for the Purpose of Trafficking | Summary Conviction
---------------- Indictment |
1st Offence: $500 fine and/or imprisonment for 6 months
Subs. Offence: $2,000 fine and/or imprisonment for 18 months ----------------------------------------------------- 1st Offence: 5 years’ imprisonment, less one day Subs. Offence: 10 years’ imprisonment |
1st Offence: $500 fine and/or imprisonment for 6 months
Subs. Offence: $2,000 fine and/or imprisonment for 18 months ----------------------------------------------------- 1st Offence: 5 years’ imprisonment less one day Subs. Offence: 10 years’ imprisonment |
Trafficking | Summary
Conviction
------------- Indictment |
1st Offence: $500 fine and/or imprisonment for 6 months
Subs. Offence: $2,000 fine and/or imprisonment for 18 months ----------------------------------------------------- 1st Offence: 5 years’ imprisonment, less one day Subs. Offence: 10 years’ imprisonment |
1st Offence: $500 fine and/or imprisonment for 6 months
Subs. Offence: $2,000 fine and/or imprisonment for 18 months ----------------------------------------------------- 1st Offence: 5 years’ imprisonment less one day Subs. Offence: 10 years’ imprisonment |
Import/ Export |
Summary
Conviction ---------------- Indictment |
(No separate offence: included in the definition of "trafficking.") | (No separate offence: included in the definition of "trafficking.") |
Cultivation |
Summary
Conviction ----------------- Indictment |
$1,000 fine and/or imprisonment for 12 months ----------------------------------------------------- 5 years’ imprisonment, less one day |
$1,000 fine and/or imprisonment for 12 months
----------------------------------------------------- 5 years’ imprisonment, less one day |
Appendix E
(Page 3)
Offences, Procedures and Maximum Penalties
Under Eight Alternative Models for the Control of Cannabis
Offence |
6. Transfer to Schedule G |
7. Regulation | 8. Federal Withdrawal | |
Simple
Possession
|
Summary
Conviction --------------- Indictment |
(No Offence)
|
(No Offence) | (Depends on each province) |
Possession for the Purpose of Trafficking | Summary Conviction
--------------- Indictment |
18 months’ imprisonment
--------------------------------- 10 years’ imprisonment |
(Depends on each province) | (Depends on each province) |
Trafficking | Summary
Conviction ------------- Indictment |
18 months’ imprisonment
--------------------------------- 10 years’ imprisonment |
(Depends on each province) | (Depends on each province) |
Import/
Export |
Summary
Conviction --------------- Indictment |
(No separate offence: included in the definition of "trafficking.") | (Customs and Excise Controls) | (Depends on each province) |
Cultivation |
Summary
Conviction --------------- Indictment |
(No Offence) | (Depends on each province) | (Depends on each province) |
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