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Is it legal to "give away" excess legally produced medical…

Is it legal to...

Is it legal to "give away" excess legally produced medical marjuana?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Ontario, Canada

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

This query is hypothetical.

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Answered in 21 hours by:
11/16/2017
CaptanLaw
CaptanLaw, Lawyer
Category: Canada Law
Satisfied Customers: 282
Experience: I'm a criminal defence lawyer, who assists individuals charged with crimes.
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Hello

I'm a criminal defence lawyer and can assist with your inquiry. Keep in mind that, on this site, we are only permitted to provide general legal information, not specific legal advice, as per the Terms of Service.

That said, it is important for you to be aware of the following:

- The Controlled Drugs and Substances Act regulates the possession, trafficking, production and importation of illicit (illegal) substances

- "Trafficking" a substance, such as marijuana, is expressly defined under the Act, and the law is very clear on what constitutes trafficking

- "Trafficking" under the "Interpretation" section of the Act is defined as follows:

  • (a) to sell, administer, give, transfer, transport, send or deliver the substance,

  • (b) to sell an authorization to obtain the substance, or

  • (c) to offer to do anything mentioned in paragraph (a) or (b),

otherwise than under the authority of the regulations.

- Trafficking can capture activity beyond just selling, such as giving away an illicit substance, or transferring it. Therefore, in law, one might be criminally responsible for "giving" a drug to another person(s)

- The only way to transfer / give / sell / administer a substance legally is through any of the regulations that provide for such activity, such as when people are lawfully transferring medicinal marijuana and have the required licences

I hope that answers your question.

CaptanLaw
CaptanLaw, Lawyer
Category: Canada Law
Satisfied Customers: 282
Experience: I'm a criminal defence lawyer, who assists individuals charged with crimes.
Verified
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