Legalization ≠ Immunity
Although Canada legalized recreational cannabis in October 2018 with the Cannabis Act, this does not mean all cannabis-related activities are lawful. Individuals and businesses must still comply with strict federal and provincial laws.
What is Still Illegal Related to Marijuana?
| Activity | Legal Status | Possible Penalty |
| Possession over 30 g in public | Illegal | Up to 5 years imprisonment or summary conviction with a fine up to $5,000 |
| Selling without a license | Illegal | Summary: up to $5,000 fine &/or 6 months jail. Indictable: up to 14 years imprisonment |
| Giving or selling to a minor | Illegal | Summary or indictable; up to $15,000 and/or 18 months jail or up to 14 years imprisonment |
| Import/export/possession for export | Illegal | Summary or up to 14 years imprisonment when indictable |
| Growing beyond permitted limits | Illegal | Up to 14 years imprisonment for large-scale operations |
What is Legal Regarding Marijuana?
Possession in public: Adults (18+) may carry up to 30 g dried cannabis, or equivalent in edibles/extracts. Youth (under legal age) may carry up to 5 g.
Home cultivation: Allowed up to 4 plants per household, provided they’re not budding or flowering beyond federal allowances
Private possession: No federal limit—unlimited cannabis may be kept at home.
Mandatory Minimums & Trafficking
Canada has introduced mandatory minimum sentences for serious cannabis-related offences. As of recent amendments, trafficking, importing/exporting, and large-scale production carry minimum penalties—e.g., producing 6–200 cannabis plants can carry a minimum six-month sentence, escalating with quantity.
Provincial/Territorial Rules Still Apply
Provinces (e.g. Ontario, Saskatchewan, Quebec) impose additional regulations—on minimum age, public use, and municipal opt-outs—that can result in ticketable offences or criminal liability. For instance, under‑19 possession in Ontario may lead to provincial fines or Youth Criminal Justice Act involvement .
Youth vs Adult Possession
● Adults (18+, though 19 in Ontario) may possess up to 30 g in public.
● Youth (under 18/19) can hold up to 5 g, but excess may result in youth criminal charges
● Provinces may issue fines rather than criminal charges for small-scale youth possession.
Why a Criminal Defence Lawyer Still Matters
● Cannabis-related charges—even post-legalization—can result in serious consequences: criminal records, job loss, immigration hurdles, travel restrictions (e.g. to the U.S.), and possible imprisonment .
● Law enforcement continues to investigate illegal grows and trafficking. For instance, RCMP and OPP recently seized 17,000 cannabis plants and charged individuals under the Cannabis Act
● Your lawyer can evaluate defences, pursue diversion programs, and navigate record-suspension or pardon applications.
Bottom Line
Yes—you can still be charged and convicted of cannabis-related offences in Canada in 2025. Legalization does not grant blanket immunity. Beyond personal possession limits, activities like unlicensed sale, cross-border transport, large-scale cultivation, or supplying minors remain criminal offences. Mandatory penalties now attach to serious infractions, and criminal records can have lasting impacts.
What You Should Do
● Stay within the 30 g public possession limit (or 5 g for youth).
● Only buy or sell from licensed retailers.
● Restrict home grows to four plants (federal limit).
● Consult a lawyer immediately if facing any cannabis-related charge. Legal counsel can explore defences, negotiate plea deals or diversion, and assist with clearing past records.
Disclaimer: This post is for informational purposes only and does not constitute legal advice. Always consult a qualified lawyer about your specific situation.
If you need a strong legal defence for Marijuana related charges give us a call at (905) 541-2228 or fill out a consultation form to get in touch today.
