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Cannabis Control Policy: A
Discussion Paper
Health Protection Branch
Department of National Health and Welfare
January 1979
Appendix E
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
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| 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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