Possession of cannabis for the purpose of selling, Receiving for sale a cannabis product not packaged and stamped, Possessing or selling unstamped cannabis product
R v Marshall
Sentence and the Crown's position
A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.
What the law allows
After a trial, Darren Marshall was found guilty of Cannabis Act and Excise Act offences for operating a commercial cannabis store on the Millbrook First Nation after RCMP warnings to stop. The Crown, proceeding summarily, sought conditional sentences including a 12-month term and the mandatory minimum fine; the defence sought a conditional discharge. Associate Chief Judge van der Hoek imposed a 12-month conditional sentence (with a concurrent 6-month term) and an $8,762.50 fine, finding a discharge contrary to the public interest given the need for deterrence.
In the judge's words
1It is contrary to the public interest that Mr. Marshall be discharged for flagrantly trafficking in cannabis marijuana. It serves no deterrent effect for others who would be inclined to open similar operations and dispense this drug in the community outside of the regulatory regime, and undermines the purposes set out in the Cannabis Act.
The record
- Convicted of
- Possession of cannabis for the purpose of selling (CA 10(2))
- Receiving for sale a cannabis product not packaged and stamped (EA 158.1(b))
- Possessing or selling unstamped cannabis product (EA 158.11(1))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- Discharge1
- Mandatory minimum
- Applied1
- Appeal
- Not yet checked
- Counsel
- Crown: Michael Taylor
Defence: Jack Lloyd
Sources
- R v Marshall, 2025 NSPC 10 Court decision, CanLII, March 31, 2025
[6] The Crown proposed the following sentences: … Excise Act s. 158.1(b) - A 12-month CSO, to run concurrently with the length of any CSO imposed for the s. 10(2) Cannabis Act offence;
[4] The Court heard submissions on sentence and adjourned the hearing to allow Defence counsel an opportunity to forward case law in support of their argument for a conditional discharge.
[47] … I also note the fine order component, for example, is a mandatory minimum.
[1] Following receipt of community complaints about The Flower Barn, a cannabis trafficking operation located on the Millbrook First Nation, the Royal Canadian Mounted Police [RCMP] conducted surveillance. They warned its owner, Mr. Marshall, to cease operations.
[34] Mitigating circumstances include: (i) Mr. Marshall does not have a criminal record;
[46] It is contrary to the public interest that Mr. Marshall be discharged for flagrantly trafficking in cannabis marijuana. It serves no deterrent effect for others who would be inclined to open similar operations and dispense this drug in the community outside of the regulatory regime, and undermines the purposes set out in the Cannabis Act.
[51] Recognizing that a conditional sentence should be longer than any period of incarceration, I impose a CSO of 6 months for the s. 10(2) Cannabis Act offence and a concurrent CSO of 12 months for the s. 158.1(b) Excise Act offence. … for the s. 158.11(1) Excise Act offence, impose the fine as calculated by the Crown and not disputed by Defence counsel ($8,762.50).
- R v Marshall, 2025 NSPC 10 Court decision, Courts of Nova Scotia