skip to main content

First Cannabis Act Conviction for Possession Over 30 Grams With Intent to Distribute Results in 10 Month Jail Sentence

MMaurer

In what is the first conviction and sentence passed in Canada for violating the possession and distribution provisions of the Federal Cannabis Act, a Winnipeg man has been sentenced to 10 months in jail for possessing 85 grams of cannabis for the purpose of distribution.

Rodney Clayton Felix pleaded guilty earlier today to possession of cannabis for the purpose of distributing.  Mr. Felix was found with 85 grams of cannabis while in the Portage Place mall in November 2018.  Police also found, among other things, a scale and cannabis packaging materials.

By being in possession of 85 grams in public Mr. Felix was in breach of section 8(1) of the Act which prohibits individuals from possessing more than 30 grams of dried cannabis or its equivilent in public and also section 9(2) of the Act which probhits the possession of cannabis for the purpose of distributing it contrary to the Act.

Mr. Felix faced up to 14 years in prison under the Act.  The Crown Attorney sought a sentence of 15 months in jail while Mr. Felix's lawyer argued that a simple fine was appropriate.

Provincial Court Judge Dale C. Schille recognized that there was no precedent to follow as this was essentially the first case of its kind following the enactment of the Cannabis Act on October 17, 2018.  Justice Schille considered the notion of a fine as opposed to a custodial sentence to be "wholly inappropriate".

While judges in other provinces are not bound to follow this decision, it will nevertheless serve as guidance for future cases across the country in determining sentences for those found to have breached the possession, and more notably the distribution, provisions of the Act

 

Most Recent Posts

Matt Maurer speaks to The Star about the strategies cannabis brands may have used for the lottery

Of 2,078 applications in Tuesday’s provincial lottery for the chance to apply for new pot shop licences in the GTA, five winners proposed the sa...
Aug 23, 2019

Matt Maurer speaks to Global News about the most recent cannabis retail lottery

As promised, the names of 42 applicants across Ontario who won a lottery that may allow them to open a cannabis store were announced Wednesd...
Aug 23, 2019

Tenant Lease Considerations for Cannabis Retail Stores

By Kenneth Beallor The Ontario Government has moved to the next phase of its plan to license cannabis retail stores within the province with the most ...
Aug 23, 2019