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What are the current laws for cannabis posession, sale, and "production" in Canada ?

P

Prairie Boy

I think it's safe to say if your not licenced,the time to start growin 4 trees and a mum is Now.

Play safe regards.

PB.
 
S

SereneGreen

New member
beanja said:
http://www.justice.gc.ca/eng/news-nouv/nr-cp/2012/doc_32759.html

Easy fellas!!lol
Click to expand...
The new laws are only concerning mandatory minimums, right? In that case I do not think most of us small timers would be affected:

Generally, the mandatory minimum penalty would apply where there is an aggravating factor, including where the production of the drug constituted a potential security, health or safety hazard.

The aggravating factors involve offences committed:

for the benefit of organized crime;
involving use or threat of violence;
involving use or threat of use of weapons;
by someone who has been previously convicted (in the past 10 years) of a serious drug offence;
in a prison;
by abusing a position of authority or access to restricted areas;
in or near a school, in or near an area normally frequented by youth or in the presence of youth;
through involving a youth in the commission of the offence; and
in relation to a youth (e.g. selling to a youth).
 
beanja

beanja

Member
Not much of a difference between schedule 1 and schedule 2 drug offences. There is no mandatory min for trafficking crack or heroin, only if there are aggravating factors. So you might as well sling crack or heroin out of a house that u own , u wont do mandatory min.
Now if u have 6 little seedlings , or 6 males you do 6 mos.
666...hahaha
 
beanja

beanja

Member
Exemptions for drug treatment programs

In cases where the offender is an addict, the proposed legislation would allow a court to suspend a sentence while the addicted offender undergoes a drug treatment program approved by the province under the supervision of the court as outlined in section 720(2) of the Criminal Code or a Drug Treatment Court approved program. These programs encourage the offender to deal with the addiction that motivates their criminal behaviour. If the offender successfully completes the treatment program, the court may impose a suspended or reduced sentence.
 
vukman

vukman

Active member
Veteran
beanja said:
These programs encourage the offender to deal with the addiction that motivates their criminal behaviour. If the offender successfully completes the treatment program, the court may impose a suspended or reduced sentence.
Click to expand...

To the first part, that assumes that we actually believe that cannabis is addictive or that somehow someone growing it constitutes criminal behaviour!.........Yes, I know that this new law will mandate that production/cultivation for personal use is 'criminal' but addictive?

Also, I would love to see how they would go and 'treat' a weed smoker'......I've been 'in the rooms of AA and NA' a while back so I've got some insight as to how they go about dealing with addiction in a 12 step environment.

Still, this is a major step backwards for us. I was watching some American station and they were saying that Colorado is seeking legalization and that is the #1 issue with persons 30 and under. The only group which does not agree with either legalization or decriminalization was the over 65 age group.

I never thought I would live to see the day when our laws have become as strict or even more strict than the US's.
 
beanja

beanja

Member
vukman said:
To the first part, that assumes that we actually believe that cannabis is addictive or that somehow someone growing it constitutes criminal behaviour!.........Yes, I know that this new law will mandate that production/cultivation for personal use is 'criminal' but addictive?

Also, I would love to see how they would go and 'treat' a weed smoker'......I've been 'in the rooms of AA and NA' a while back so I've got some insight as to how they go about dealing with addiction in a 12 step environment.

Still, this is a major step backwards for us. I was watching some American station and they were saying that Colorado is seeking legalization and that is the #1 issue with persons 30 and under. The only group which does not agree with either legalization or decriminalization was the over 65 age group.

I never thought I would live to see the day when our laws have become as strict or even more strict than the US's.
Click to expand...

You could say you were addicted and thats what made u grow over 5 plants i guess , hard to say what type of program you will have to take. This is a huge step backwards, we are losing :no::no:
 
vukman

vukman

Active member
Veteran
I was addicted but I've had 7 knee operations and I was addicted to heroin and other opiates, not weed.......used to smoke it like a fiend in high school until I dropped out and started working then just dropped it one day like nothing.

Yeah, my addiction is due to pain issues from work and what not.........and yes, I fully agree, we are losing big time. Just blows my mind that in today's day and age, we are having to face and deal with insanity like this!!!!!!

Almost embarrassed to say I'm Canadian any more............almost. I can still hold my head up and say at least we're not as bad as our southerly neighbours.

Please, no offence to any Americans reading this. I am talking about American policy and laws, not the people..
 
H

headband 707

Plant whisperer
Veteran
SereneGreen said:
The new laws are only concerning mandatory minimums, right? In that case I do not think most of us small timers would be affected:

Generally, the mandatory minimum penalty would apply where there is an aggravating factor, including where the production of the drug constituted a potential security, health or safety hazard.

The aggravating factors involve offences committed:

for the benefit of organized crime;
involving use or threat of violence;
involving use or threat of use of weapons;
by someone who has been previously convicted (in the past 10 years) of a serious drug offence;
in a prison;
by abusing a position of authority or access to restricted areas;
in or near a school, in or near an area normally frequented by youth or in the presence of youth;
through involving a youth in the commission of the offence; and
in relation to a youth (e.g. selling to a youth).
Click to expand...


Oh I don't know organized crime as far as I can see is our Gov. I can't really see any difference between them and the real criminals out there to be perfectly honest. I think I have been treated better by the underground then I have been treating by my Gov. in all fairness and I'm not joking here . I don't have one good thing to say about what my Gov has done for it's ppl in I don't know how long.. How does it come to this? headband 707
 
B

Bud buster

Member
I thought I should mention the health part of it if your renting it extra.
Department of Justice CanadaSeptember 2011

ANNEX B

Proposed New Mandatory Minimum Penalties for Serious Drug Offences Schedule II drugs (cannabis and marijuana)OFFENCEMANDATORY MINIMUM PENALTYNOTES*w/ Aggravating Factor List A¹w/ Aggravating Factor List B²w/ Health and Safety Factors³Trafficking*1 YEAR2 YEARSn/aOffence would have to involve more than 3 kg of cannabis marijuana or cannabis resinPossession for the Purpose of Trafficking*1 YEAR2 YEARSn/aOffence would have to involve more than 3 kg of cannabis marijuana or cannabis resinImportingExporting1 YEARn/an/an/aOffence is committed for the purpose of traffickingPossession for the Purpose of Exporting1 YEARn/an/an/aOffence is committed for the purpose of traffickingProduction6 - 200 plants6 MOSn/an/a9 MOSOffence is committed for the purpose of trafficking.Maximum sentence will be increased to 14 years imprisonmentProduction*201 – 500 plants1 YEARn/an/a18 MOSMaximum sentence will be increased to 14 years imprisonmentProductionmore than 500 plants2 YEARSn/an/a3 YEARSMaximum penalty will be increased to 14 years imprisonmentProductionoil or resin1 YEARn/an/a18 MOSOffence is committed for the purpose of trafficking

¹ Aggravating Factors List A

The aggravating factors include offences committed:for the benefit of organized crime;involving use or threat of violence;involved use or threat of use of weapons;by someone who was previously convicted of a designated drug offence or had served a term of imprisonment for a designated substance offence in the previous 10 years; and,through the abuse of authority or position or by abusing access to restricted area to commit the offence of importation/exportation and possession to export.

² Aggravating Factors List B

The aggravating factors include offences committed:in a prison;in or near a school, in or near an area normally frequented by youth or in the presence of youth;in concert with a youth; andin relation to a youth (e.g. selling to a youth).

³ Health and Safety Factors

the accused used real property that belongs to a third party to commit the offence;the production constituted a potential security, health or safety hazard to children who were in the location where the offence was committed or in the immediate area;the production constituted a potential public safety hazard in a residential area; andthe accused placed or set a trap.

The chart didn't copy right but the link in the last page has it.
 
L

LEDNewbie

Active member
Veteran
Here is something I never thought of as I was just reading up on some of our laws in Canada...

I'm currently in the process of getting a MMAR Card to grow for myself and my wife, will there be any issues that I live within 1 block of a elementary school???:chin:
 
B

Bud buster

Member
From the reading of the aggravated list it might be but it may only be if selling or not a med patient but may not apply to med patients now you have to look into the regulations for meds to see if it alright but you should always have a lock on your room especially if you have children or even visit your house. Let us know what you find out and post a link to the med regulations.
 
L

LEDNewbie

Active member
Veteran
Bud buster said:
From the reading of the aggravated list it might be but it may only be if selling or not a med patient but may not apply to med patients now you have to look into the regulations for meds to see if it alright but you should always have a lock on your room especially if you have children or even visit your house. Let us know what you find out and post a link to the med regulations.
Click to expand...

I guess I look on Health Canada for these regulations?
 
L

LEDNewbie

Active member
Veteran
Just spoke with a buddy who has been growing legally for 6+ years and he said his first house was within 2 blocks of a school. You can grow but just can't be outdoors....
 
B

Bud buster

Member
I thought as much I'd still look at all the rules so you don't get screwed have your room set up but not growing incase they come to inspect not likely but let us know what you find out.
 
L

LEDNewbie

Active member
Veteran
Bud buster said:
I thought as much I'd still look at all the rules so you don't get screwed have your room set up but not growing incase they come to inspect not likely but let us know what you find out.
Click to expand...

I tried finding all the rules but couldn't find where they were located?? Do you have a link where I could go look?
 
The Boys

The Boys

Member
i just realized that the new laws punish people who have been previously charged with a serious drug offence or "imprisoned for a designated substance offence", that seems like discimination to me !

and on that topic how is it legal to fire somone for failing a drug test ?
a bussiness or company couldnt legally fire someone for trafficking narcotics or stealing before working for thier current employer.

AND WHAT THE FUCK IS WITH THIS "Maximum penalty will be increased to 14 years imprisonment" ?!?!?!?

if ^ that ^ means they will acctually increase the carges to a maximum penalty of 14 years, that would make me want to kill.
 
teemu shalanie

teemu shalanie

WeeDGamE StannisBaratheoN
Veteran
heh boys , think they r trying to create a copy of the Babylon system, where u go in for growing a plant or having some herb, .....end up getting extra time for troubles inside, they keep ya as long as they can
LOve my country , hate my Government
TS
 
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