I didn't ask him if he owns his own home, but according to an article by Matthew Burrows in the Georgia Straight recently, the Conservatives' new Bill C-15 will criminalize tenants who grow the weed, even for legitimate purposes. Here's the link: http://www.straight.com/article-276202/vancouver/bill-c15-nails-tenants-growing-medicinal-pot
I went to look for the bill to see if Burrows' conclusion might be correct, and I'm still not entirely sure if he's right or not. I was reading the Legislative Summary and I have to admit it made me crosseyed because there are so many variables, but it looks as if, depending on some of the variables, a person could get up to 14 years in jail for growing cannabis in someone else's property (I suppose this is where renting comes in), compared with only 7 or maybe even 5 years maximum if that and some other qualifiers are avoided. Sounds like a lot until you realize that the bill provides a maximum of life in prison for dealing in other drugs.
Here's the section about mandatory minimum sentences, from the Lebislative Summary of the bill written last January, 2009 (the summary has a disclaimer saying it doesn't assert that it is really accurate about the content of the bill itself - it's not ). I put sections that seemed relevant to marihuana sentencing in bold, in case you want to try to unravel it yourself.
A. Clauses 1 to 3: Mandatory Minimum Sentences
Sections 5 to 7 of the CDSA deal with, respectively, the offences of trafficking in a controlled substance, importing and exporting such a substance, and the production of a controlled substance. Clauses 1 to 3 of Bill C-15 amend each of these sections.
The current section 5(3)(a) of the CDSA makes trafficking in a substance included in Schedule I or II an indictable offence. The maximum punishment for this offence is imprisonment for life. This measure reflects the seriousness with which these substances are viewed, particularly the opiates and coca and its derivatives found in Schedule I. One exception is found in section 5(4) of the Act and concerns trafficking in Schedule II substances, mainly cannabis and its derivatives. Should the amount trafficked not exceed the amounts set out in Schedule VII to the Act (3 kg of cannabis resin or cannabis [marihuana]), the maximum possible punishment is imprisonment for a term not exceeding five years less a day.
Clause 1 of Bill C-15 amends section 5(3)(a) of the CDSA to provide in certain circumstances for mandatory minimum terms of imprisonment for the offence of trafficking in a substance included in Schedule I or in Schedule II if the amount of the Schedule II substance exceeds the amount for that substance set out in Schedule VII. There will be a minimum punishment of imprisonment for one year if certain aggravating factors apply: the offence was committed for a criminal organization, as that term is defined in section 467.1(1) of the Criminal Code (a group of three or more people whose purpose is to commit serious offences for material benefit); there was the use or threat of the use of violence in the commission of the offence; a weapon was carried, used or threatened to be used in the commission of the offence; or the offender was convicted of a designated substance offence, or had served a term of imprisonment for a designated substance offence, within the previous 10 years. A “designated substance offence” is defined in section 2 of the CDSA to mean any of the offences in sections 4 to 10 of the CDSA, except the offence of possession of a substance found in Schedule I, II, or III to the Act, as set out in subsection 4(1).
Clause 1 amends the CDSA to impose a minimum punishment of imprisonment for a term of two years if certain other aggravating factors apply, including that the offence was committed in or near a school, on or near school grounds, or in or near any other public place usually frequented by persons under the age of 18 years. Defining such places may prove to be difficult. The use of the term “community centre” in former subsection 810.1(3)(b) as a restriction on the movements of those who may commit a sexual offence against a child was found to be overly broad and, therefore, a violation of section 7 of the Canadian Charter of Rights and Freedoms.(59) The minimum two-year punishment will also be imposed if the offender used the services of a person who is under 18 years of age, or involved such a person, in committing the offence or committed the offence in a prison, or on its grounds. The term “prison” is defined in section 2 of the Criminal Code to include a penitentiary, common jail, public or reformatory prison, lock-up, guard-room or other place in which persons who are charged with or convicted of offences are usually kept in custody.
New section 5(3)(a.1) of the CDSA reenacts the current section 5(4) of the CDSA and imposes a maximum punishment of imprisonment for five years less a day if the trafficking offence is for a small amount of cannabis or its derivatives, as listed in Schedule II.
The current section 6(3)(a) of the CDSA makes the importing into Canada or exporting from Canada of a substance included in Schedule I or II of the Act or the possession of such a substance for the purpose of exporting it from Canada an indictable offence. The maximum punishment for this offence is imprisonment for life. Lesser maximum punishments apply if the offence is committed in relation to substances in the other schedules.
Clause 2 of Bill C-15 imposes a mandatory minimum punishment of imprisonment for one year if the offence is committed for the purpose of trafficking and the substance involved is included in Schedule I and is in an amount that does not exceed one kilogram, or is listed in Schedule II. The minimum punishment will also apply if the offender, while committing the offence, abused a position of trust or authority or had access to an area that is restricted to authorized persons (such as in an airport) and used that access to commit the offence.(60) As in clauses 1 and 3, the maximum punishment of imprisonment for life is retained. Under new section 6(3)(a.1), the mandatory minimum punishment increases to two years’ imprisonment if the Schedule I substance that is trafficked is in an amount that exceeds one kilogram.
The current section 7(2)(a) of the CDSA makes the production of a substance included in Schedule I or II of the Act, other than cannabis (marihuana), an indictable offence with a maximum punishment of imprisonment for life. Subsection 7(2)(b) of the CDSA makes the production of cannabis (marihuana) an indictable offence with a maximum punishment of seven years’ imprisonment.
Clause 3 of Bill C-15 imposes a mandatory minimum punishment of imprisonment for two years if the subject matter of the production offence is a substance included in Schedule I, with a maximum punishment of imprisonment for life. The mandatory minimum punishment is increased to three years if any of the health and safety factors listed in new section 7(3) apply. These health and safety factors are:
■the offender used real property that belongs to a third party to commit the offence;
■the production constituted a potential security, health or safety hazard to persons under the age of 18 years who were in the location where the offence was committed or in the immediate area;
■the production constituted a potential public safety hazard in a residential area; or
■the accused placed or set a trap that is likely to cause death or bodily harm to another person in the location where the offence was committed.
If the substance produced is one listed in Schedule II, other than cannabis (marihuana), new section 7(2)(a.1) imposes a mandatory minimum punishment of imprisonment for one year if the production is for the purpose of trafficking, or for a term of 18 months if the production is for the purpose of trafficking and any of the health and safety factors listed above apply. If the subject matter of the production offence is cannabis (marihuana), subsection 7(2)(b) will double the maximum possible term of imprisonment from 7 to 14 years.
Mandatory minimum punishments will also be introduced for the production of cannabis (marihuana), with their length depending upon the number of marihuana plants produced. The term of imprisonment will be at least six months if the number of plants produced is more than 5(61) and fewer than 201 and the production is for the purpose of trafficking. The minimum penalty increases to nine months where the number of plants produced is fewer than 201, the production is for the purpose of trafficking, and any of the health and safety factors also apply. If the number of plants produced is more than 200 and fewer than 501, the minimum term of imprisonment is one year, which increases to 18 months if any of the health and safety factors apply. The minimum term of imprisonment will be two years if the number of plants produced is more than 500, which will increase to three years if any of the health and safety factors apply. There is no mention of the production being for the purposes of trafficking when the number of plants is more than 200.
You can read more about this bill at: http://www2.parl.gc.ca/Sites/LOP/LEGISINFO/index.asp?List=ls&Query=5739&Session=22&Language=e#aclauses1to3 The summary includes some things about the debate over mandatory minimum sentences, and yet it also refers to the establishment of Drug Treatment Courts.
Don't rely on any of this as legal advice. I'm not a lawyer and am only skimming the surface in looking at this bill.
All of the bill except sections 10 and 11 are apparently awaiting a date announcement about when they go into force. [There is no description of any section 10 or 11 in the legislative summary, so perhaps they are sections expunged in previous revisions].
There was one section of the summary that suggested that growers of medical marijuana are being limited by law to growing only enough for themselves and one other patient. Here's that section:
In addition, the Marihuana Medical Access Regulations(23) allow for authorizations to possess marihuana to be issued to those persons who can prove a medical need for it. A holder of a personal-use production licence is also authorized to produce and keep marihuana for the medical purpose of the holder.(24) A specific limitation on the lawful source of supply of dried marihuana was declared invalid as contrary to section 7 of the Canadian Charter of Rights and Freedoms in 2008.(25) The one-grower-to-one-user ratio was held to unjustifiably limit the ability of authorized persons to access their marihuana for medical purposes. This decision was confirmed by the Federal Court of Appeal.(26) In response, the government published in the Canada Gazette on 27 May 2009 Regulations Amending the Marihuana Medical Access Regulations.(27) These proposed changes will double the current ratio, making it one grower to two users. The explanation accompanying the proposed amendments states that a full review of the access to medical marihuana is required given that the program was never intended to facilitate the widespread, potentially large-scale production of marihuana for medical purposes.
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