Question Presented
What are the charges associated with possession of a small amount of marijuana in Nova Scotia?
Short Answer
Marijuana is a schedule II narcotic and is illegal to possess in Canada unless authorized by a regulator under the Marihuana Medical Access Regulations (Controlled Drug and Substances Act). A first offence a minimum charge of $1,000 fine six months in prison or both, with a maximum of $2,000 fine and one year in prison for a subsequent offence.
Canadian law enforcement uses a two pronged approach towards tackling the sale of illicit drugs such as marijuana which focuses on demand and supply reduction. Possession of a small amount of marijuana is considered a relatively minor charge especially if it is your first offence. Prosecutors will often recommend and alternative measure (also known as diversion) as punishment for the offence. This could include a variety of programs such as community service, counseling, etc. In return no criminal charges or penalties would be laid and the charges dropped. The court has at times also decided to halt the legal process indefinitely by ruling a stay of proceedings for small possession charges as seen in the case of R. v. Clarke.
More often than not a person caught in possession may be let go before even reaching the courts due to policing approaches with regards to the sale of illicit drugs. That is not to say there isn’t ramifications, people caught in possession of marijuana may be let go without any legal ramifications but may be forced to inform police of where they obtained the substance. Policing tactics set in place to catch traffickers