Appendix E

Offences, Procedures and Maximum Penalties
Under Eight Alternative Models for the Control of Cannabis


Table E-1. Narcotic Control Act, Bill S-19 and 83-77RD
Table E-2. "Full 'Deeming Provisions'" and "Semi-Prohibition"
Table E-3. "Transfer to Schedule G," "Regulation" and "Federal Withdrawal"

 


Table E-1

Offences, Procedures and Maximum Penalties
Under the Narcotic Control Act, Bill S-19 and 83-77RD

Offence Procedure 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 imprison-
ment 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

Table E-2

Offences, Procedures and Maximum Penalties
Under  "Full 'Deeming Provisions'" and "Semi-Prohibition"

Offence

Procedure

4. Full ADeeming 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. (ATicketing@ procedures; offenders are Adeemed@ not to have suffered any incidents of a criminal arrest or prose-
cution; 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 Atrafficking.@)

(No separate offence: included in the definition of Atrafficking.@)


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

 


Table E-3

Offences, Procedures and Maximum Penalties
Under "Transfer to Schedule G," "Regulation" and "Federal Withdrawal")

Offence

Procedure

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 Atrafficking.@)

(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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References and Selected Bibliography

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