Starting Nov. 6, 2012 mandatory minimum sentences for many marijuana and drug offences begin

Starting November 6, 2012, harsher sentences for many drug offences will come into force in Canada, including mandatory minimum sentences for marijuana offences in some circumstances.  A summary of the amendments to the Controlled Drugs and Substances Act to increase penalties for drug crimes from the Department of Justice is available here.

“Serious Drug Offences”

The broad range of aggravating factors which trigger the mandatory minimums will create many situations which potentially fall under the new sentencing provisions.

Generally, there will be mandatory minimum jail sentences for “serious drug offences” involving marijuana, cocaine, heroin, and many other drugs.  “Serious drug offences” will include:

1. Production
2. Trafficking
3. Possession for the purpose of trafficking
4. Importing and exporting
5. Possession for the purpose of exporting

Aggravating Factors

Generally, a mandatory minimum sentence will apply where there is an aggravating factor involved in the commission of the offence, including:

1. For the benefit of organized crime.
2. Involving use or threat of violence.
3. Involving use or threat of use of weapons.
4. By someone who has been convicted in the past 10 years of a serious drug offence.
5. In a prison.
6. By abusing a position of authority or access to restricted areas.
7. In or near a school, in or near an area normally frequented by youth or in the presence of youth.
8. Through involving a youth in the commission of the offence.
9. In relation to a youth (e.g., selling to a youth).

Generally, the mandatory minimum sentences will also apply where the commission of the offence involves a security, health or safety threat, including:

1. The accused used real property that belongs to a third party to commit the offence.
2. The production constituted a potential security, health or safety hazard to children who were in the location where the offence was committed.
3. The production constituted a potential public safety hazard in a residential area.
4. The accused placed or set a trap (e.g. in a marijuana plantation).