Controlled Drugs and Substances Act
Encyclopedia
The Controlled Drugs and Substances Act is Canada
's federal drug control statute. Passed in 1996 by the Chrétien government, 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
.
, its preparations, derivatives and similar synthetic preparations, including
but not including
, the penalty is:
Schedule I: Maximum 7 years imprisonment
Schedule II: (exceeding amounts set in Schedule VIII): Maximum 5 years imprisonment
Schedule III: (Requires a prescription or license to legally possess.) 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.
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
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
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
introduced Bill C-26, which proposed a number of mandatory minimum penalties imposed on those who commit drug offenses. On February 27, 2009 bill C-15, a re-introduction of C-26 received first reading in the 2nd Session of the 40th Parliament of Canada. On June 9, 2009, the House of Commons passed Bill C-15, and it is now awaiting study and approval by the Senate. On December 14, 2009, the Senate passed Bill C-15, with some amendments, for approval by the House of Commons. When the Canadian Parliament dissolved in a prorogation on January 31, 2010, Bill C15, along with all legislation on the table, fell. However it will be reintroduced when parliament resumes with a new session in March. In the official press release they explain "...We will reintroduce in their original form the consumer safety law (Bill C-6) and the anti-drug-crime law (Bill C-15)....
We will seek Opposition agreement to proceed expeditiously with other Government legislation -- particularly laws urgently needed to fight crime...."
Bill C-15 died in the spring of 2010 but a new Bill (S-10) has recently passed by the Senate and has been sent to the Canadian House of Commons for approval. After March 2011 Non-Confidence vote the Bill (S-10), along with the rest, was dissolved with the government. With the current Conservative majority it is very possible this bill will be resubmitted.
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
's federal drug control statute. Passed in 1996 by the Chrétien government, it repeals the Narcotic Control Act
Narcotic Control Act
The Narcotic Control Act, passed in 1961, was one of Canada's national drug control statutes prior to its repeal by the 1996 Controlled Drugs and Substances Act. It implemented the provisions of the Single Convention on Narcotic Drugs.-References:...
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
Single Convention on Narcotic Drugs
The Single Convention on Narcotic Drugs of 1961 is an international treaty to prohibit production and supply of specific drugs and of drugs with similar effects except under licence for specific purposes, such as medical treatment and research...
, the Convention on Psychotropic Substances
Convention on Psychotropic Substances
The Convention on Psychotropic Substances of 1971 is a United Nations treaty designed to control psychoactive drugs such as amphetamines, barbiturates, benzodiazepines, and psychedelics signed at Vienna on February 21, 1971...
, and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances
United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances
The United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 is one of three major drug control treaties currently in force. It provides additional legal mechanisms for enforcing the 1961 Single Convention on Narcotic Drugs and the 1971 Convention on...
.
(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 are omitted.Schedule I
- Amidones
- Ampromides
- BenzazocineBenzazocineBenzazocine, also known as benzoazocine, is a chemical compound. It consists of a benzene ring bound to an azocine ring. A related compound is benzomorphan....
s, excluding CyclazocineCyclazocineCyclazocine is a mixed opioid agonist/antagonist related to dezocine, pentazocine and phenazocine. This family of opioid drugs is called the benzomorphans or benzazocines.- Use :... - Benzimidazoles
- CocaCocaCoca, Erythroxylum coca, is a plant in the family Erythroxylaceae, native to western South America. The plant plays a significant role in many traditional Andean cultures...
and derivatives (including Coca leaves, CocaineCocaineCocaine is a crystalline tropane alkaloid that is obtained from the leaves of the coca plant. The name comes from "coca" in addition to the alkaloid suffix -ine, forming cocaine. It is a stimulant of the central nervous system, an appetite suppressant, and a topical anesthetic...
, EcgonineEcgonineEcgonine is an organic chemical and tropane alkaloid found naturally in coca leaves. It has a close structural relation to cocaine: it is both a metabolite and a precursor, and as such, it is a controlled substance, as are all known substances which can be used as precursors to ecgonine...
) - CodeineCodeineCodeine or 3-methylmorphine is an opiate used for its analgesic, antitussive, and antidiarrheal properties...
when not in a medication containing at least two other active ingredients. - Fentanyls
- KetamineKetamineKetamine is a drug used in human and veterinary medicine. Its hydrochloride salt is sold as Ketanest, Ketaset, and Ketalar. Pharmacologically, ketamine is classified as an NMDA receptor antagonist...
- Methadols
- MethamphetamineMethamphetamineMethamphetamine is a psychostimulant of the phenethylamine and amphetamine class of psychoactive drugs...
- Moramides
- Morphinans (BuprenorphineBuprenorphineBuprenorphine is a semi-synthetic opioid that is used...
, LevomethorphanLevomethorphanLevomethorphan is the l-stereoisomer of methorphan. The effects of the two isomers are quite different. Dextromethorphan is an antitussive at low doses and a dissociative at much higher doses, whereas levomethorphan is an opioid analgesic...
, etc.)- Excluding Dextromethorphan (DXM)DextromethorphanDextromethorphan is an antitussive drug. It is one of the active ingredients in many over-the-counter cold and cough medicines, such as Robitussin, NyQuil, Dimetapp, Vicks, Coricidin, Delsym, and others, including generic labels. Dextromethorphan has also found other uses in medicine, ranging...
, DextrorphanDextrorphanDextrorphan is a psychoactive drug of the morphinan chemical class which acts as an antitussive or cough suppressant and dissociative hallucinogen. It is the dextro-stereoisomer of racemorphan, the levo-half being levorphanol. Dextrorphan is produced by O-demethylation of dextromethorphan by CYP2D6...
, etc.
- Excluding Dextromethorphan (DXM)
- Opium poppyOpium poppyOpium poppy, Papaver somniferum, is the species of plant from which opium and poppy seeds are extracted. Opium is the source of many opiates, including morphine , thebaine, codeine, papaverine, and noscapine...
derivatives (OpiumOpiumOpium is the dried latex obtained from the opium poppy . Opium contains up to 12% morphine, an alkaloid, which is frequently processed chemically to produce heroin for the illegal drug trade. The latex also includes codeine and non-narcotic alkaloids such as papaverine, thebaine and noscapine...
, Heroin, CodeineCodeineCodeine or 3-methylmorphine is an opiate used for its analgesic, antitussive, and antidiarrheal properties...
, MorphineMorphineMorphine is a potent opiate analgesic medication and is considered to be the prototypical opioid. It was first isolated in 1804 by Friedrich Sertürner, first distributed by same in 1817, and first commercially sold by Merck in 1827, which at the time was a single small chemists' shop. It was more...
, OxycodoneOxycodoneOxycodone is an opioid analgesic medication synthesized from opium-derived thebaine. It was developed in 1916 in Germany, as one of several new semi-synthetic opioids in an attempt to improve on the existing opioids: morphine, diacetylmorphine , and codeine.Oxycodone oral medications are generally...
, etc.)- With some exceptions, such as poppy seeds, Narcotine, and others.
- Phenalkoxams
- (ProheptazineProheptazineProheptazine is an opioid analgesic from the phenazepine family. It was invented in the 1960s.Proheptazine produces similar effects to other opioids, including analgesia, sedation, dizziness and nausea....
)- Excluding EthoheptazineEthoheptazineEthoheptazine is an opioid analgesic from the phenazepine family. It was invented in the 1950s and is related to other drugs such as proheptazine....
, MetethoheptazineMetethoheptazineMetethoheptazine is an opioid analgesic from the phenazepine family. It was invented in the 1960s.Metethoheptazine produces similar effects to other opioids, including analgesia, sedation, dizziness and nausea....
, Methoheptazine
- Excluding Ethoheptazine
- PCPPhencyclidinePhencyclidine , commonly initialized as PCP and known colloquially as angel dust, is a recreational dissociative drug...
- PhenylpiperidinePhenylpiperidinePhenylpiperidine is a chemical compound with a phenyl moiety directly attached to piperidine. There are a variety of pharmacological effects associated some phenylpiperidines including morphine-like activity or other central nervous system effects....
s - PiritramidePiritramidePiritramide is a synthetic opioid analgesic with a potency 0.65 to 0.75 times that of morphine. A common starting dose is 15 mg IV, equivalent to 10 mg of morphine hydrochloride. Piritramide is commonly used for the treatment of postoperative pain...
- ThiambuteneThiambuteneThe Thiambutenes are a family of opioid analgesic drugs developed at the British research laboratory of Burroughs-Wellcome in the late 1940s.The parent compound thiambutene has no analgesic effects, but several compounds from this group are analgesics with around the same potency as...
s - TiletamineTiletamineTiletamine is a dissociative anesthetic and pharmacologically classified as an NMDA receptor antagonist. It is related chemically and pharmacologically to other anesthetics in this family such as ketamine and phencyclidine...
- TilidineTilidineTilidine , or tilidate is a synthetic opioid analgesic, used mainly in Germany, Switzerland and Belgium for treatment of moderate to severe pain, both acute and chronic.-Pharmacology:...
Schedule II
CannabisCannabis
Cannabis is a genus of flowering plants that includes three putative species, Cannabis sativa, Cannabis indica, and Cannabis ruderalis. These three taxa are indigenous to Central Asia, and South Asia. Cannabis has long been used for fibre , for seed and seed oils, for medicinal purposes, and as a...
, its preparations, derivatives and similar synthetic preparations, including
- Cannabis resin
- Cannabis (marijuana)
- Cannabidiol (2–[3–methyl–6–(1–methylethenyl)–2–cyclohexen–1–yl]–5–pentyl–1,3–benzenediol)
- Cannabinol (3–n–amyl–6,6,9–trimethyl–6–dibenzopyran–1–ol)
- Nabilone ((±)–trans–3–(1,1–dimethylheptyl)–6,6a, 7,8,10,10a–hexahydro–1–hydroxy–6,6–dimethyl–9H–dibenzo[b,d]pyran–9–one)
- Pyrahexyl (3–n–hexyl–6,6,9–trimethyl–7,8,9, 10–tetrahydro–6–dibenzopyran–1–ol)
- Tetrahydrocannabinol (tetrahydro–6,6,9–trimethyl–3–pentyl–6H–dibenzo[b,d]pyran–1–ol)
- 3-(1,2-dimethylheptyl)-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran-1-ol (DMHP)
but not including
- Non–viable Cannabis seed, with the exception of its derivatives
- Mature Cannabis stalks that do not include leaves, flowers, seeds or branches; and fiber derived from such stalks
Schedule III
- Amphetamines (Adderall, Adderall XR, Vyvanse, Dexedrine, Dexedrine XR, Mixed amphetamine Salts) (Excluding Methamphetamine)
- 3,4-methylenedioxymethamphetamine(MDMA)
- 2,5-Dimethoxy-4-methylamphetamine (STP / DOM)2,5-Dimethoxy-4-methylamphetamine2,5-Dimethoxy-4-methylamphetamine is a psychedelic and a substituted amphetamine...
- CathinoneCathinoneCathinone, or Benzoylethanamine, is a monoamine alkaloid found in the shrub Catha edulis and is chemically similar to ephedrine, cathine and other amphetamines. Cathinone induces the release of dopamine from striatal preparations that are prelabelled either with dopamine or its precursors. It is...
- DETDiethyltryptamineDET, also known under its chemical name N,N-diethyltryptamine and as T-9, is a psychedelic drug closely related to DMT and 4-HO-DET...
- DMTDimethyltryptamineN,N-Dimethyltryptamine is a naturally occurring psychedelic compound of the tryptamine family. DMT is found in several plants, and also in trace amounts in humans and other mammals, where it is originally derived from the essential amino acid tryptophan, and ultimately produced by the enzyme INMT...
- FlunitrazepamFlunitrazepamFlunitrazepam is marketed as a potent hypnotic, sedative, anticonvulsant, anxiolytic, amnestic, and skeletal muscle relaxant drug most commonly known as Rohypnol...
(Rohypnol) - GHBGamma-Hydroxybutyric acidγ-Hydroxybutyric acid , also known as 4-hydroxybutanoic acid and sodium oxybate when used for medicinal purposes, is a naturally occurring substance found in the central nervous system, wine, beef, small citrus fruits, and almost all animals in small amounts. It is also categorized as an illegal...
- HarmalineHarmalineHarmaline is a fluorescent psychoactive indole alkaloid from the group of harmala alkaloids and beta-carbolines. It is the reduced hydrogenated form of harmine.-Occurrence in nature:...
- LSDLSDLysergic acid diethylamide, abbreviated LSD or LSD-25, also known as lysergide and colloquially as acid, is a semisynthetic psychedelic drug of the ergoline family, well known for its psychological effects which can include altered thinking processes, closed and open eye visuals, synaesthesia, an...
, but not LSAErgineErgine, also known as d-lysergic acid amide , d-lysergamide, and LA-111, is an alkaloid of the ergoline family that occurs in various species of vines of the Convolvulaceae and some species of fungi... - MescalineMescalineMescaline or 3,4,5-trimethoxyphenethylamine is a naturally occurring psychedelic alkaloid of the phenethylamine class used mainly as an entheogen....
, but not Peyote (lophophora)PeyoteLophophora williamsii , better known by its common name Peyote , is a small, spineless cactus with psychoactive alkaloids, particularly mescaline.It is native to southwestern Texas and Mexico... - MethcathinoneMethcathinoneMethcathinone , is a psychoactive stimulant, sometimes used as a recreational drug and considered addictive. It is usually snorted, but can be smoked, injected, or taken orally...
- MethaqualoneMethaqualoneMethaqualone is a sedative-hypnotic drug that is similar in effect to barbiturates, a general central nervous system depressant. The sedative-hypnotic activity was first noted by Indian researchers in the 1950s and in 1962 methaqualone itself was patented in the US by Wallace and Tiernan...
(Quaaludes) - MecloqualoneMecloqualoneMecloqualone is an analogue of methaqualone which was first made in 1960 and marketed mainly in France and some other European countries. It has sedative, hypnotic and anxiolytic properties, and was used for the treatment of insomnia...
- MethylphenidateMethylphenidateMethylphenidate is a psychostimulant drug approved for treatment of attention-deficit hyperactivity disorder, postural orthostatic tachycardia syndrome and narcolepsy. It may also be prescribed for off-label use in treatment-resistant cases of lethargy, depression, neural insult and obesity...
(Ritalin, Focalin, Focalin XR) - PsilocinPsilocinPsilocin , an aromatic compound, sometimes also spelled psilocine, psilocyn, or psilotsin, is a psychedelic mushroom alkaloid. It is found in most psychedelic mushrooms together with its phosphorylated counterpart psilocybin...
- PsilocybinPsilocybinPsilocybin is a naturally occurring psychedelic prodrug, with mind-altering effects similar to those of LSD and mescaline, after it is converted to psilocin. The effects can include altered thinking processes, perceptual distortions, an altered sense of time, and spiritual experiences, as well as...
- Some Barbiturates (barbiturate hypnotics indicated for short-term treatment of insomniaInsomniaInsomnia is most often defined by an individual's report of sleeping difficulties. While the term is sometimes used in sleep literature to describe a disorder demonstrated by polysomnographic evidence of disturbed sleep, insomnia is often defined as a positive response to either of two questions:...
that are intermediate acting [half-life range of 8–48 hours], include: pentobarbitalPentobarbitalPentobarbital is a short-acting barbiturate that was first synthesized in 1928. Pentobarbital is available as both a free acid and a sodium salt, the former of which is only slightly soluble in water and ethanol....
, secobarbitalSecobarbitalSecobarbital sodium is a barbiturate derivative drug that was first synthesized in 1928 in Germany. It possesses anaesthetic, anticonvulsant, sedative and hypnotic properties...
, and amobarbitalAmobarbitalAmobarbital is a drug that is a barbiturate derivative. It has sedative-hypnotic and analgesic properties. It is a white crystalline powder with no odor and a slightly bitter taste. It was first synthesized in Germany in 1923...
).
Schedule IV
- Anabolic Steroids
- Benzodiazepines (Except Flunitrazepam (Rohypnol)FlunitrazepamFlunitrazepam is marketed as a potent hypnotic, sedative, anticonvulsant, anxiolytic, amnestic, and skeletal muscle relaxant drug most commonly known as Rohypnol...
) - Most Barbiturates (including those used as general anesthetics and those indicated for seizure disorders and anxiety disorders are ultra-short to short acting, or long-acting, or those considered to be mild hypnotics. These include: phenobarbitalPhenobarbitalPhenobarbital or phenobarbitone is a barbiturate, first marketed as Luminal by Friedr. Bayer et comp. It is the most widely used anticonvulsant worldwide, and the oldest still commonly used. It also has sedative and hypnotic properties but, as with other barbiturates, has been superseded by the...
, barbitalBarbitalBarbital , also called barbitone, was the first commercially marketed barbiturate. It was used as a sleeping aid from 1903 until the mid-1950s. The chemical names for barbital are diethylmalonyl urea or diethylbarbituric acid...
, sodium thiopentalSodium thiopentalSodium thiopental, better known as Sodium Pentothal , thiopental, thiopentone sodium, or Trapanal , is a rapid-onset short-acting barbiturate general anaesthetic...
, butalbitalButalbitalButalbital, structure presents as 5-allyl-5-isobutylbarbituric acid, is a barbiturate with an intermediate duration of action. It has the same chemical formula as talbutal but a different structure. Butalbital is often combined with other medications, such as paracetamol or aspirin, and is...
, and mephobarbital. - CathineCathineCathine, also known as d-norpseudoephedrine, is a psychoactive drug of the phenethylamine and amphetamine chemical classes which acts as a stimulant...
- Others
Class A
- 1,4-Butanediol1,4-Butanediol1,4-Butanediol is the organic compound with the formula HOCH2CH2CH2CH2OH. This colorless viscous liquid is derived from butane by placement of alcohol groups at each end of the chain. It is one of four stable isomers of butanediol.-Synthesis:...
- 1-Phenyl-2-propanone
- EphedrineEphedrineEphedrine is a sympathomimetic amine commonly used as a stimulant, appetite suppressant, concentration aid, decongestant, and to treat hypotension associated with anaesthesia....
(easily reduced into methamphetamineMethamphetamineMethamphetamine is a psychostimulant of the phenethylamine and amphetamine class of psychoactive drugs...
) - IsosafroleIsosafroleIsosafrole is a phenylpropene, a type of aromatic organic chemical with a smell similar to anise or licorice. It is found in small amounts in various essential oils, but is most commonly obtained by isomerizing the plant oil safrole....
(used in making MDMA) - Lysergic acidLysergic acidLysergic acid, also known as D-lysergic acid and -lysergic acid, is a precursor for a wide range of ergoline alkaloids that are produced by the ergot fungus and some plants. Amides of lysergic acid, lysergamides, are widely used as pharmaceuticals and as psychedelic drugs...
- Potassium permanganatePotassium permanganatePotassium permanganate is an inorganic chemical compound with the formula KMnO4. It is a salt consisting of K+ and MnO4− ions. Formerly known as permanganate of potash or Condy's crystals, it is a strong oxidizing agent. It dissolves in water to give intensely purple solutions, the...
- PseudoephedrinePseudoephedrinePseudoephedrine is a sympathomimetic drug of the phenethylamine and amphetamine chemical classes. It is used as a nasal/sinus decongestant and stimulant, or as a wakefulness-promoting agent....
(easily reduced into methamphetamineMethamphetamineMethamphetamine is a psychostimulant of the phenethylamine and amphetamine class of psychoactive drugs...
) - Red PhosphorusPhosphorusPhosphorus is the chemical element that has the symbol P and atomic number 15. A multivalent nonmetal of the nitrogen group, phosphorus as a mineral is almost always present in its maximally oxidized state, as inorganic phosphate rocks...
- White PhosphorusPhosphorusPhosphorus is the chemical element that has the symbol P and atomic number 15. A multivalent nonmetal of the nitrogen group, phosphorus as a mineral is almost always present in its maximally oxidized state, as inorganic phosphate rocks...
Class B.
- AcetoneAcetoneAcetone is the organic compound with the formula 2CO, a colorless, mobile, flammable liquid, the simplest example of the ketones.Acetone is miscible with water and serves as an important solvent in its own right, typically as the solvent of choice for cleaning purposes in the laboratory...
- Ethyl Ether
- Hydrochloric acidHydrochloric acidHydrochloric acid is a solution of hydrogen chloride in water, that is a highly corrosive, strong mineral acid with many industrial uses. It is found naturally in gastric acid....
- Methyl ethyl ketone
- Sulfuric acidSulfuric acidSulfuric acid is a strong mineral acid with the molecular formula . Its historical name is oil of vitriol. Pure sulfuric acid is a highly corrosive, colorless, viscous liquid. The salts of sulfuric acid are called sulfates...
- TolueneTolueneToluene, formerly known as toluol, is a clear, water-insoluble liquid with the typical smell of paint thinners. It is a mono-substituted benzene derivative, i.e., one in which a single hydrogen atom from the benzene molecule has been replaced by a univalent group, in this case CH3.It is an aromatic...
Possession
If treated as an indictable offenceIndictable offence
In many common law jurisdictions , an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury...
, the penalty is:
Schedule I: Maximum 7 years imprisonment
Schedule II: (exceeding amounts set in Schedule VIII): Maximum 5 years imprisonment
Schedule III: (Requires a prescription or license to legally possess.) 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.
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
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
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
Amendments to the act
In November 2007, the Justice Minister Rob NicholsonRob Nicholson
Robert Douglas "Rob" Nicholson, PC, QC, MP , is the Minister of Justice and Attorney General of Canada. He is a current member of the Canadian House of Commons, representing the riding of Niagara Falls for the Conservative Party and the current Minister of Justice after serving for one year as...
introduced Bill C-26, which proposed a number of mandatory minimum penalties imposed on those who commit drug offenses. On February 27, 2009 bill C-15, a re-introduction of C-26 received first reading in the 2nd Session of the 40th Parliament of Canada. On June 9, 2009, the House of Commons passed Bill C-15, and it is now awaiting study and approval by the Senate. On December 14, 2009, the Senate passed Bill C-15, with some amendments, for approval by the House of Commons. When the Canadian Parliament dissolved in a prorogation on January 31, 2010, Bill C15, along with all legislation on the table, fell. However it will be reintroduced when parliament resumes with a new session in March. In the official press release they explain "...We will reintroduce in their original form the consumer safety law (Bill C-6) and the anti-drug-crime law (Bill C-15)....
We will seek Opposition agreement to proceed expeditiously with other Government legislation -- particularly laws urgently needed to fight crime...."
Bill C-15 died in the spring of 2010 but a new Bill (S-10) has recently passed by the Senate and has been sent to the Canadian House of Commons for approval. After March 2011 Non-Confidence vote the Bill (S-10), along with the rest, was dissolved with the government. With the current Conservative majority it is very possible this bill will be resubmitted.