• Legislative origins of Bill C-17 (the cannabis bill introduced on November 1, 2004): On May 27, 2003, the then Minister of Justice introduced Bill C-38, An Act to amend the Contraventions Act and the Controlled Drugs and Substances Act. The original Bill would have reduced penalties for possession of small quantities of cannabis (up to 15 grams) and cannabis resin (It would have given the police the discretion to charge possession of between 15 and 30 grams under this same reduced penality scheme, or they could choose to prosecute it as a criminal offence.) Originally, it appeared that this was a measure to decriminalize simple possession, so that offenders would not receive a criminal record or face jail time. However, in a television interview on October 7, 2003, the then Minister of Justice stated that possession would still be criminal, but the penalties would be less harsh than under the current law. (In fact, the penalties might even be higher than under the current law, since many courts have been very lenient in sentencing for possession under the current law.) There is therefore some uncertainty about the impact of the bill. According to the Bill as orginally introduced, offenders wouldbe fined between $100 and $400, depending on the age of the offender, the circumstances of the offence, and the amount involved. The Bill toughened criminal penalties for "larger" grow operations, doubling the current possible maximum penalty to 14 years. Penalties for producing cannabis would be as follows:

• growing from 1-3 plants: summary conviction (criminal) offence with maximum penalty of $5000 fine, 12 months in jail, or both; (NOTE: the House of Commons committee that reviewed Bill C-38 amended this provision so that producing up to three plants would be punishable only by a fine ($500 for adults, $250 for young persons)).
• growing 4-25 plants: summary conviction or indictable offence (depending on what the Crown attorney decides) with maximum penalty of $25000 fine, 18 months, or both (if tried by summary conviction) and five years less a day (if tried on indictment);
• 26-50 plants: up to 10 years prison
• more than 50 plants, up to 14 years prison.