Canadian Criminal Sentencing/Offences/Drug Trafficking (Schedule II)

Legislation
Schedule VII sets cannabis resin and cannabis marijuana at 3kg.

Schedule VIII sets the cannabis resin at 1 g and cannabis marijuana at 30 g.

Schedule II: Marijuana, Hash, etc.

 * For principles on Drug Offences Generally, see Drug Offences

Offenders found trafficking in a Schedule II controlled substance (e.g. Cannabinoids) in an amount greater than 3kg are liable for an indictable offence with a maximum penalty of life in jail. Where the amount is equal or less than 3kg, the offender is liable for an indictable offence with a maximum penalty of 5 years jail.

The primary sentencing principles for these offences involving soft drugs are protection of the public through denunciation and deterrence.

The courts do recognize a distinction between hard and soft drugs, where soft drugs are treated less seriously from hard drugs.

Trafficking in cannabis is typically a sentence of incarceration. There has been a benchmark set by some courts of 6 months.

The upper range of marijuana trafficking is typically 12 months jail and above.

The mid range of sentence is around 12 months on a conditional sentence order. Though will be actual jail in certain cases.

The lower end of the range is around 6 months jail, served either conditionally or on a straight-time basis.

At the very lowest end there will be the rare granting of suspended sentences, fines, or discharges. This usually involves exceptional circumstances such as the offenders position in the community or a benevolent intent behind the act.

Alberta does not have a starting point for sentence on soft drugs. However, the norm is for a sentence of incarceration regardless of prior record with a range between 6 and 12 months.