Offence

Question 1

Possession Section 4(3) C.C.

Answer 1

Has it in his personal possession or knowingly has it in the actual possession or custody of another person, or has it in a place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person, and where one or two or more persons, with the knowledge and consent of the rest, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them.

Question 2

Distribution Cannabis Act, Section 2(1)

Answer 2

Includes administering, giving, transferring, transporting, sending, delivering, providing or otherwise making available in any manner, whether directly or indirectly, and offering to distribute.

Question 3

Selling Cannabis Act, Section 2(1)

Answer 3

Includes offer for sale, expose for sale and have in possession for sale.

Question 4

Production Cannabis Act, Section 2(1)

Answer 4

Means obtaining it by any method or process, including by manufacturing, synthesis, altering its chemical or physical properties by any means, or cultivating, propagating or harvesting it or any living thing from which it may be extracted or otherwise obtained.

Question 5

Section 51 of the Cannabis Act

Answer 5

creates a ticketing scheme for certain minor criminal cannabis offences. As a police officer, you have the discretion, as warranted by the circumstances of each incident, to issue a federal ticket or lay an information. If you lay the information for a minor criminal cannabis offence, Crown has the ability elect to proceed by way of a federal ticket option.

Question 6

exemption

Answer 6

The Cannabis Act creates an exemption from being charged or convicted of the possession of cannabis if the person seeks medical or law enforcement assistance in respect of themselves or another person who is suffering from a life-threatening situation as a result of taking a psychoactive substance. This exemption is very similar to Section 4.1 of the Controlled Drugs and Substances Act (also known as the Good Samaritan Drug Overdose Act).

Question 7

reasonable suspicion that the driver has drugs in their body

Answer 7

red eyes, muscle tremors, agitation, and speech patterns or where the driver admits to smoking cannabis

Question 8

Section 87(1) of the Cannabis Act states

Answer 8

“A justice who, on ex parte application, is satisfied by information on oath that there are reasonable grounds to believe that any of the following is in a place may, at any time, issue a warrant authorizing a peace officer, at any time, to search the place for it and to seize it:

Cannabis in respect of which this Act has been contravened;
Anything in which cannabis in respect of this Act has been contravened is contained or concealed;
Offence-related property; or
Anything that will afford evidence in respect of an offence under this Act or an offence, in whole or in part, in relation to a contravention of this Act under Section 354 or 462.31 of the Criminal Code.”