Possession of marijuana is a criminal offense under the Controlled Drugs and Substances Act. To obtain a conviction the Crown need only prove:The accused had control of the marijuana - for example, the police found it on the accused or in an area controlled by the accused, such as a car, suitcase, or bedroom, and
The accused knew the marijuana was there - that can be proven indirectly, so, for example if marijuana is found in someone's sock draw it may be the judge will conclude they must have known it was there.
Marijuana possession is prosecuted; the law is no dead letter:
1.5 million Canadians have criminal records for simple possession.
Approximately 50,000 Canadians are arrested each year for crimes related to marijuana.
75% of drug-related criminal charges are related to marijuana.
65% of Canadians arrested for marijuana related crimes are for simple possession (under 30 grams of cannabis).
More than 30,000 Canadians are charged with simple possession annually - about 5% of these go to jail.
