What are the rules around dope in Canada?

Would you rather smoke a joint than sip a beer? Take a toke instead of a tipple? 

If you’re wondering what’s allowed in Canada when it comes to marijuana, you’re not alone. 

Legally, the answer is simple: Possessing or selling weed is a crime, according to Canada’s Controlled Drug and Substances Act, unless you have a prescription from your doctor for medical marijuana. So that's clear enough. But out on the street, things get much blurrier. Here are the questions we had...

What happens if I’m caught with a small amount of marijuana? 

“About half the time people are not charged,” says Eugene Oscapella, an Ottawa lawyer who teaches drug policy in the Department of Criminology at the University of Ottawa. 

About two thirds of all drug offenses reported by police in Canada are marijuana, about half are simple possession, he says, and about half of those turn into charges. The police have discretion to seize the marijuana or ignore it. 

What the law says...

A first conviction for possessing 30 grams or less of marijuana can earn you a $1,000 fine, a six-month prison sentence, or both. A second offense could cost you $2000 and a 12-month sentence. A criminal record could hamper your efforts to get a job or travel outside of the country.

How much is too much for personal use? 

It’s difficult to answer that accurately as the statistics aren’t broken down that way, says Oscapella. “Generally, the larger the amount, or if you have 60 grams in five gram baggies ... it’s a suggestion that you’re trafficking and they may be more likely to arrest you. If it’s for personal use, they may be more lenient.”

Has marijuana been decriminalized? 

“It has not,” says Oscapella. “It remains illegal under the controlled drug substances act unless you have a medical licence for medical purposes. There have been a number of court decisions that have struck down the law and there have been periods when the law has not been enforced ... which may be where the perception comes from. 

How can I get medical marijuana?

If you believe you have an ailment that marijuana could help, there are a few hoops to jump through. First, consult with your doctor, who can write the required medical document which outlines how much marijuana you need.

Next, register with a licensed producer, who will ship the dried marijuana directly to you. This is the only legal way for suppliers to get the product to their customers. 

There are 25 authorized licensed producers of medical marijuana. It can take over a year for an application to produce marijuana to be approved.

Are storefront pot dispensaries operating legally?

No, but there’s a growing public tolerance of cannabis use, especially on the west coast, which translates into the behaviour of the police says Oscapella. “There are more important things to worry about, [such as] violent crime, domestic abuse. If they’re not causing a problem, they’re probably not as enthusiastic about prosecuting.”

Who uses marijuana?

According to the Centre for Addicion and Mental Health, 44 per cent of Canadians say they have used marijuana at least once in their lifetime, making it the most commonly used illegal drug in Canada. The hospital’s website says that by grade 12, nearly half of Ontario students have used marijuana in the past year. 

Can marijuana harm me?

According to the Centre for Addiction and Mental Health, it’s addictive, making users anxious, irritable or nervous when they need the drug. It also contains tar and some cancer-causing chemicals, and smoking the drug can lead to chronic coughs, bronchitis, and can exacerbate asthma symptoms.

Is driving under the influence of weed safe? 

Andrew Murie, CEO of MADD Canada, says that marijuana is the No. 1 drug of choice of people who drive under the influence of a drug, especially young males. 

The advocacy group estimates there are between 1,250 and 1,500 impairment-related crash deaths in Canada each year.

Murie is disappointed that oral fluid detector tests for drugs have not yet been legalized in Canada. The tests could be used in a similar manner to breathalizer tests when law enforcement suspects a driver is under the influence of drugs. RCMP have investigated the tests, which are being used in the European Union and Australia. He says there is difficulty getting convictions in some courts based on current methods, which include behavioural tests.

Will laws concerning marijuana change? 

“Public opinion has changed,” says Oscapella. “We have to look at how we’re spending resources in our society, and going after a drug that’s not harmless, but the way most people use it will not cause any significant harm. Do we need to spend the vast criminal justice apparatus of the government going after people who are not causing problems for anybody else?”