Changing Attitudes Over the last decade there has been a considerable shift in public attitudes and opinions towards marijuana. The Canadian Medical Association estimates that 1.5 million Canadians smoke marijuana recreationally and the CMA has spoken out in favour of decriminalization of the drug. Politicians at the highest levels have acknowledged past use of the substance. A growing body of opinion supports its use in a medical context. The federal government has undertaken a highly publicized project to grow its own cannabis supply for testing purposes. Police response towards the drug now varies widely in different parts of the country. And in late 2002, a special committee of the Canadian Senate reported on the results of its comprehensive two-year study of public policy related to marijuana, and recommended that the drug be legalized. (To download a PDF version of the Special Committee’s report, please click here). Serious Consequences Despite these shifts in both public and political opinion, possession of marijuana currently remains a criminal offence in Canada. Any criminal conviction can have serious consequences, including social stigma, restrictions on your ability to travel to the United States or other jurisdictions outside Canada, deportation for non-Canadian citizens including individuals on a student or work visa, delays or denial of Canadian citizenship for landed immigrants, and being precluded from obtaining a professional license to work in certain fields. Further, beyond simple possession, the penalties for cultivation or for trafficking in marijuana can be extremely severe and these activities are frequently the subject of intensive enforcement actions by police. If you have been arrested or charged with a marijuana-related offence it is advisable to speak to an experienced criminal lawyer as soon as possible in order to help you fully understand the charges being brought against you, the courses of action and legal defences available to you, and the most prudent course of action to take in the circumstances of your particular case. For examples of marijuana-related cases where Stern & Albert have got clients acquitted by challenging the prosecution's evidence or getting evidence excluded by challenging the validity of search warrants, please click here.

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