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) |
|