Cannabis Penalties in Canada

While recreational cannabis is legal, the Cannabis Act imposes serious criminal penalties for exceeding limits, illegal distribution, and sales to minors.

Last verified: March 2026

Criminal Offences Under the Cannabis Act

The Cannabis Act creates criminal offences for activities outside the legal framework. These are federal criminal charges that apply uniformly across Canada.

Possession Over the Limit

OffenceMaximum Penalty
Possession over 30g in public (adults)Up to 5 years imprisonment (indictable) or summary conviction
Possession of illicit cannabis (any amount)Up to 5 years imprisonment

Distribution and Trafficking

OffenceMaximum Penalty
Distributing or selling without a licenseUp to 14 years imprisonment
Producing cannabis for sale without licenseUp to 14 years imprisonment
Importing or exporting cannabisUp to 14 years imprisonment

Youth-Related Offences

The Cannabis Act imposes the most severe penalties for involving minors:

  • Selling or distributing to a minor: Up to 14 years imprisonment
  • Using a minor to commit a cannabis offence: Up to 14 years imprisonment
  • These are among the harshest drug penalties in Canadian law

Illegal Cultivation

OffenceMaximum Penalty
Growing more than 4 plants at homeSummary conviction or up to 5 years
Growing for distribution purposesUp to 14 years imprisonment
Growing in Quebec (where banned)Provincial fine

Impaired Driving Penalties

Cannabis DUI carries mandatory minimum penalties. See our dedicated DUI and driving page for the full breakdown of THC blood limits and consequences.

Provincial Penalties

Provinces impose additional fines for violations of their specific rules:

  • Public consumption where banned: Typically $200–$500 depending on province
  • Smoking in prohibited areas: Fines vary by municipality (e.g., Vancouver: $250 for parks/beaches)
  • Home growing in Quebec: Provincial fine

For Visitors

Foreign visitors convicted of a cannabis criminal offence in Canada will have a Canadian criminal record. This can affect future travel to Canada and other countries. Even minor offences like excess possession or public consumption fines should be taken seriously. Always stay within legal limits and respect provincial rules.