Stephen Harper introduces Mandatory Minimum sentences for marijuana!

Submitted by Jacob Hunter on Fri, 02/27/2009 - 7:45pm
PROPOSED NEW MANDATORY SENTENCES FOR SERIOUS DRUG OFFENCES SCHEDULE II DRUGS (CANNABIS AND MARIJUANA)
OFFENCE MANDATORY PENALTY NOTES
  w/ Aggravating Factors- List A1 w/ Aggravating Factor - List B2 w/ Health and Safety Factors3
Trafficking   1 YEAR 2 YEARS n/a Offence would have to involve more than 3 kg of cannabis marijuana or cannabis resin
Possession for the Purpose of Trafficking   1 YEAR 2 YEARS n/a Offence would have to involve more than 3 kg of cannabis marijuana or cannabis resin
Importing Exporting 1 YEAR n/a n/a n/a Offence is committed for the purpose of trafficking
Possession for the Purpose of Exporting 1 YEAR n/a n/a n/a Offence is committed for the purpose of trafficking
Production -
1 - 200 plants		 6 MOS n/a n/a 9 MOS Offence is committed for the purpose of trafficking.
Maximum penalty will be increased to 14 years imprisonment
Production -
201 - 500 plants		 1 YEAR n/a n/a 18 MOS Maximum penalty will be increased to 14 years imprisonment
Production -
more than 500 plants		 2 YEARS n/a n/a 3 YEARS Maximum penalty will be increased to 14 years imprisonment
Production -
oil or resin		 1 YEAR n/a n/a 18 MOS Offence is committed for the purpose of trafficking

1 Aggravating Factors List A

The aggravating factors include offences committed:

  • for the benefit of organized crime;
  • involving use or threat of violence;
  • involved use or threat of use of weapons;
  • by someone who was previously convicted (in the past 10 years) of a serious drug offence involving a Schedule I or II substance.

2 Aggravating Factors List B

The aggravating factors include offences committed:

  • in a prison;
  • in or near a school, in or near an area normally frequented by youth or in the presence of youth;
  • in concert with a youth;
  • in relation to a youth (e.g. selling to a youth).

3 Health and Safety Factors

  • the accused used real property that belongs to a third party to commit the offence;
  • the production constituted a potential security, health or safety hazard to children 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;
  • the accused placed or set a trap.