14 years (indictable) / up to 18 months (summary, to a minor)
Selling cannabis, or any substance held out to be cannabis, is a hybrid offence with a 14-year indictable maximum, with selling to a minor treated more severely. Under IRPA s.36(3)(a) it is deemed indictable, and a 14-year maximum is serious criminality under s.36(1)(a). Criminal rehabilitation is the usual pathway because deemed rehabilitation does not apply to serious criminality.
Selling cannabis, or anything sold as cannabis, without a licence. The serious route carries 14 years, with sales to a minor treated more severely, which makes it serious criminality for entry. Legalization changed who may sell, not whether unlicensed selling is a crime.
(1) Unless authorized under this Act, it is prohibited to sell cannabis, or any substance represented or held out to be cannabis, to (a) an individual who is 18 years of age or older; (b) an individual who is under 18 years of age; or (c) an organization. (2) Unless authorized under this Act, it is prohibited to possess cannabis for the purpose of selling it contrary to any of paragraphs (1)(a) to (c). (3) It is not a defence to a charge arising out of the contravention of paragraph (1)(b) that the accused believed that the individual referred to in that paragraph was 18 years of age or older, unless the accused took reasonable steps to ascertain the individual’s age. (4) It is not a defence to a charge arising out of the contravention of subsection (2) of possessing cannabis for the purpose of selling it contrary to paragraph (1)(b) that the accused believed that the individual referred to in that paragraph was 18 years of age or older, unless the accused took reasonable steps to ascertain the individual’s age. (5) Subject to section 51, every person that contravenes any of paragraphs (1)(a) to (c) or subsection (2) (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years; or (b) is guilty of an offence punishable on summary conviction and is liable (i) in the case of an individual who contravenes paragraph (1)(a) or (c) — or subsection (2) other than by possessing cannabis for the purpose of selling it contrary to paragraph (1)(b) — to a fine of not more than $5,000 or imprisonment for a term of not more than six months, or to both, (ii) in the case of an individual who contravenes paragraph (1)(b) — or subsection (2) if the possession was for the purpose of selling contrary to paragraph (1)(b) — to a fine of not more than $15,000 or imprisonment for a term of not more than 18 months, or to both, or (iii) in the case of an organization, to a fine of not more than $100,000.