Enforcing the Rules on Cannabis

Government has implemented legislation and regulation on cannabis to keep cannabis out of the hands of youth, reduce the illegal market for cannabis and protect the health and safety of Islanders.

What are the penalties for breaking these rules on cannabis?

You could receive a ticket, fine, or charges, based on the seriousness of the offence. Possessing too much cannabis in public, selling cannabis, providing cannabis to teens, and driving while impaired by cannabis are violations of provincial legislation or the Criminal Code of Canada. 

If I am caught consuming cannabis in a public place, what will happen?

The law enforcement official may give a warning, seize the cannabis or issue a summary offence ticket.

Do people who use cannabis in public places get any warnings or are the fined immediately? Is the fine for smoking in public similar to drinking in public?

A law enforcement or inspector may exercise discretion in giving warnings. The general penalty for violating the provincial legislation is a fine of $200 to $400.  For a second or subsequent offence, the fine is $400 to $700.

Will police or inspectors be entering my home to check on whether I am following the storage and cultivation rules?

Not generally. Police and inspectors are not able to inspect a home without the permission of the occupant, or with a search warrant.  A search warrant would not be sought unless there are probable grounds of an egregious contravention that endangers public safety.

What are the penalties if I do not follow the rules in the provincial legislation?

  • The general penalty is for a fine is $200 - $400. For a second or subsequent offence, the fine is $400 - $700.
  • The penalty for selling cannabis illegally is a fine of $5,000 - $10,000.  For a second or subsequent offence, the fine is $10,000 to $20,000.
  • The penalty for an offence involving persons under the age of 19 is a fine of $500 to $1,250. For a second or subsequent offence, the fine is $1,250 to $2,500.

There may be additional penalties for violating the Criminal Code of Canada or other statutes.

Can my cannabis be seized if I am caught not following the rules in the provincial legislation?

Yes.

Can I get my cannabis back from law enforcement if it is seized?

The provincial legislation does provide for the return of cannabis or other things seized as evidence, if warranted.  Cannabis seized from persons under 19 is immediately forfeited to the Crown.

What does law enforcement do with any cannabis that is seized if it is not returned?

Cannabis seized is generally retained as evidence to prove the offence under the provincial legislation. Once the cannabis is no longer needed for that purpose, it may be destroyed in accordance with the Act.

What are the penalties for driving while impaired by cannabis?

An impaired driver will be subject to charges under federal legislation and additional other penalties under the Highway Traffic Act. There will be additional charges and fines if you drive impaired with a minor in the car. Learn more about the risks of cannabis impaired driving.

Can I be evicted from a rental dwelling for smoking cannabis?

Yes, you could be evicted from a rental dwelling if your rental agreement prohibits smoking in the dwelling.

Can I be evicted from a rental dwelling for cultivating cannabis without my landlord’s permission?

Your landlord may ask you to get rid of your plants and/ or end your rental agreement. The Residential Rental Property Act would apply in those cases where the landlord wishes to end your rental agreement. 

Will people who have been fined for marijuana use be repaid/decriminalized?

No.

Will people bootlegging unlicensed cannabis be convicted?

Yes, the penalty for selling cannabis illegally is a fine of $5,000 to $10,000. For a second or subsequent offence, the fine is $10,000 to $20,000. Depending on the amount of cannabis being sold, this could also be a violation of federal legislation.

Contact:

Provincial cannabis committee
Email: cannabis@gov.pe.ca

Published date: 
October 18, 2018
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Phone: (902) 368-4040
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