Controlled Drugs and Substances Act
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The Controlled Drugs and Substances Act is Canada's federal drug control statute. Passed in 1996, it repeals the Narcotic Control Act and Parts III and IV of the Food and Drug Act and establishes eight Schedules of controlled substances and two Classes of precursors. It provides that "The Governor in Council may, by order, amend any of Schedules I to VIII by adding to them or deleting from them any item or portion of an item, where the Governor in Council deems the amendment to be necessary in the public interest."
The Act serves as the implementing legislation for the Single Convention on Narcotic Drugs, the Convention on Psychotropic Substances, and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
Contents
[edit] (Incomplete) list of drugs
A complete list of drugs scheduled in Canada's Controlled Drugs and Substances Act can be found here. This list is what is reflected below. Some less common chemicals omitted.
[edit] Schedule I
[edit] Schedule II
[edit] Schedule III
[edit] Schedule IV
[edit] Schedule V
[edit] Schedule VI (Precursors)
[edit] Class A
[edit] Class B.
[edit] Schedule VII
[edit] Schedule VIII
[edit] Laws
[edit] Possession
If treated as an indictable offence, the penalty is:
Schedule I: Maximum 7 years imprisonment
Schedule II (exceeding amounts set in Schedule VIII): Maximum 5 years imprisonment
Schedule III: Maximum 3 years imprisonment
Schedule IV: It is not an offence to possess a Schedule IV substance for personal use; however, Subsection (2) of Section (4) of the CDSA states that "no person shall seek or obtain a substance or authorization from a practitioner to obtain a substance in schedules I through IV." Subsection (7) then states that it is an indictable offence to contravene subsection (2). Therefore, it is an indictable offence to attempt to acquire a Schedule IV substance but not an offence for possession. Section 5 provides that possession for the purpose of trafficking of a Schedule IV substance is an offence.
If treated as a summary conviction offence, the penalty is:
Maximum $1000 fine for first offence and/or maximum 6 months imprisonment.
Maximum $2000 fine for subsequent offence and/or maximum 1 year imprisonment.
Note: For amounts not exceeding those set in Schedule VIII, maximum fine of $1000 and/or maximum 6 months imprisonment is the only punishment.
[edit] Trafficking/Possession for the Purpose of
If tried as an indictable offence, the defendant is liable to:
Schedule I or Schedule II (exceeding amounts set in Schedule VII): Maximum life imprisonment
Schedule II (not exceeding amounts set in Schedule VII): Maximum 5 years imprisonment
Schedule III: Maximum 10 years imprisonment
Schedule IV: Maximum 3 years imprisonment
Or, if tried as a summary conviction, the defendant is liable to:
Schedule III: Maximum 18 months imprisonment
Schedule IV: Maximum 1 year imprisonment
[edit] Exportation/Possession for the Purpose of
If tried as an indictable offence, the defendant is liable to:
Schedule I or Schedule II: Maximum life imprisonment
Schedule III or Schedule IV: Maximum 10 years imprisonment
Schedule V or Schedule VI: Maximum 3 years imprisonment
Or, if tried as a summary conviction, the defendant is liable to:
Schedule III or Schedule IV: Maximum 18 months imprisonment
Schedule V or Schedule VI: Maximum 1 year imprisonment
[edit] Production
If tried as an indictable offence, the defendant is liable to:
Schedule I or Schedule II (excluding cannabis): Maximum life imprisonment
Cannabis: Maximum 7 years imprisonment
Schedule III: Maximum 10 years imprisonment
Schedule IV: Maximum 3 years imprisonment
Or, if tried as a summary conviction, the defendant is liable to:
Schedule III: Maximum 18 months imprisonment
Schedule IV: Maximum 1 year imprisonment
