Currently, the federal drug control act of Canada prohibits residents of all provinces and territories, including Ontario, from owning or trafficking marijuana. An offence can lead to indictable drug charges. However, changes to this legislation might come in 2017. At this time, only medical marijuana may be used, and the regulations governing it are strict.
Since August last year, registered individuals with Health Canada may grow marijuana in limited quantities. Selling or possession of medical marijuana is only legal if it complies with certain specifications of the law. Health Canada and the law prescribe the limit of the number of marijuana plants any registered person may grow for medical purposes.
If someone else grows the marijuana on behalf of an individual needing it for medical uses, the grower will be subjected to a background check to determine if he or she had any criminal convictions on drug charges during the past 10 years. If approved, that person may also only grow a prescribed number of plants. If a grower sells marijuana, he or she must be licensed as a producer and follow strict rules. Any individual who buys marijuana must have a valid prescription by a registered health care professional as proof of authority to own the specified amount of medical marijuana.
Any person who is facing drug charges for possession of medical marijuana in Ontario may have some unanswered questions about his or her legal rights. Many individuals who face the same dilemmas choose to seek the assistance of an experienced criminal defence lawyer who can explain their rights and assess the charges and the available evidence. A skilled lawyer can devise a defence strategy and advocate on behalf of the accused person with the objective of achieving the best possible outcome under the circumstances.
Source: FindLaw Canada, "What are the laws around marijuana use in Canada?", Miriam Yosowich, Accessed on Jan. 14, 2017
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