Appendix A: Unintended Consequences? The Cannabis Act's Impact on Youth

• Author: Brock Jones/Sarah Leece/Mary Birdsell/Emma Rhodes
• Pages: 411-415

411

Bill C-45, the Cannabis Act,1 came into force on October 17, 2018. The legislation

eectively legalized the possession and consumption of small quantities of cannabis

for adults.

Yet there is a startling asymmetry found within Bill C-45. The Act created crimi-

nal penalties for young persons that now do not exist for adult persons. The conse-

quences of this policy decision are extremely significant and should be understood by

all counsel who practise in youth justice courts.

How the Cannabis Act Criminalizes Young Persons

A “young person” is defined as an individual who is 12 years of age or older but under

18 years of age.

Section 8 of the Act creates a list of criminal activities. We highlighted below the

key sections and how they dier in their treatment of young persons and adults:

8(1) Unless authorized under this Act, it is prohibited

(a) for an individual who is 18years of age or olderto possess, in a public place, can-

nabis of one or more classes of cannabis the total amount of which, as determined

in accordance with Schedule3, is equivalent to more than 30g of dried cannabis;

…

(c) for ayoung person to possesscannabis of one or more classes of cannabis the

total amount of which, as determined in accordance with Schedule3, is equivalent

tomore than5g of dried cannabis.

1 SC 2018, c 16.

Unintended

Consequences?

The Cannabis Act’s

Impact on Youth

A

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