5 years less a day (indictable) / 6 months + $5,000 (summary)
Since cannabis legalization in 2018, simple possession within the legal limits is not an offence. Over-limit, illicit, or public-plant possession remains a hybrid offence. Because it is punishable by indictment, IRPA s.36(3)(a) treats it as indictable, so a conviction can create criminality inadmissibility under s.36(2). The maximum of five years less a day keeps it below the serious-criminality threshold of s.36(1).
8 (1) Unless authorized under this Act, it is prohibited (a) for an individual who is 18 years of age or older to possess, in a public place, cannabis of one or more classes of cannabis the total amount of which, as determined in accordance with Schedule 3, is equivalent to more than 30 g of dried cannabis; (b) for an individual who is 18 years of age or older to possess any cannabis that they know is illicit cannabis; (c) for a young person to possess cannabis of one or more classes of cannabis the total amount of which, as determined in accordance with Schedule 3, is equivalent to more than 5 g of dried cannabis; (d) for an individual to possess, in a public place, one or more cannabis plants that are budding or flowering; (e) for an individual to possess more than four cannabis plants that are not budding or flowering; or (f) for an organization to possess cannabis. (2) Subject to section 51, every person that contravenes subsection (1) (a) is guilty of an indictable offence and is liable (i) in the case of an individual who is 18 years of age or older, to imprisonment for a term of not more than five years less a day, (ii) in the case of a young person, to a youth sentence under the Youth Criminal Justice Act, or (iii) in the case of an organization, to a fine in an amount that is in the discretion of the court; or (b) is guilty of an offence punishable on summary conviction and is liable (i) in the case of an individual who is 18 years of age or older, 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 a young person, to a youth sentence under the Youth Criminal Justice Act, or (iii) in the case of an organization, to a fine of not more than $100,000.