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marijauna laws
Aug 21, 2005 11:32 ETBack | Print Article
 Guest Name:HaleyEmail:  
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I had a discussion with some people regarding marijauna laws. Most of the stuff I know about it is from what I read in the papers.

From what I understand, people who have medical problems and have a doctors approval can get permission from the government to legally possess marijauna for medical reasons and are also legally allowed to grow their own plants but I'm not sure of the number of plants. If they are too ill to grow their own plants, is there somewhere they can buy it legally?

Another question re: marijauna. From what I read, It is illegal and a criminal offence to grow even one plant unless you fall under the legal medical category.
I don't believe that Marijauna has been decriminalized yet even though the government has talked about it. Some of the people I had the discussion with thinks that someone if someone were grow one marijauna plant for non-medical reasons and they would only get a fine and not a criminal record if charged. (Sort of like being charged with speeding but not receiving a criminal record for it ) They felt that if you grew more than one plant then it would be a criminal record. I told them from what I read, if they were to grow a plant, they would still have a criminal record as possessing any marijauna is still a criminal offence and has not been decriminalized yet.

What is the truth about decriminalization and possession and growing one plant, and what are the laws regarding legal medical use of marijauna for those who qualify and if they can legally buy it if too sick to grow it themselves? Also, how do sick people (people with AIDs, M.S. cancer etc.) qualify for this status?

I'd appreciate anwers to these questions. Thank you.






With regards to marihuana (spelled with an "h" in Canada) laws, the media keeps clouding the possession laws. It is still an offence to possess any amount of marihuana. The only exception is for individuals who have a certificate from Health Canada to possess or grow it. Health Canada will issue a certificate to an individual who has a medical doctors endorsement. The certificate from Health Canada sets out limitations on the amount one can possess or grow. The number of plants may be in the 20 to 30 plant range. Medical marihuana is used as a replacement for "pain" medication.

Possessing and growing marihuana are two totally different offences. Possession of small amounts of marihuana is considered to be a summary offence (less serious) where production of marihuana (growing) is considered an indictable offence (more serious). If an individual is convicted of the offences, they will receive a criminal record. There are places in Toronto where an individual with a certificate can purchase marihuana. There are usually called "compassion" places.

The last highlight is that marihuana is considered to be the gateway drug. All cocaine, heroin and pill poppers will tell you that they started with marihuana. Marihuana is not an innocent drug that can be disregarded.

The production of any marihuana plants without exemption is a considered to be a serious criminal offence. If the Police have reasonable grounds to believe someone is growing any marihuana plants, the Police may obtain a CDSA search warrant for the premise/residence. Each person associated to the residence would be charged with production and held for a bail hearing. The accused persons would be released only on strict court imposed conditions.

Furthermore, the DRP Drug Enforcement Unit takes the growing or possession of any quantities of marihuana very seriously.

DRP hopes this answers all of your questions.