Controlled Drugs and Substances Act (S.C. 1996, c. 19)

Act current to 2016-05-12 and last amended on 2016-02-09. Previous Versions

PART IOffences and Punishment

Particular Offences

Marginal note:Possession of substance
  •  (1) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III.

  • Marginal note:Obtaining substance

    (2) No person shall seek or obtain

    • (a) a substance included in Schedule I, II, III or IV, or

    • (b) an authorization to obtain a substance included in Schedule I, II, III or IV

    from a practitioner, unless the person discloses to the practitioner particulars relating to the acquisition by the person of every substance in those Schedules, and of every authorization to obtain such substances, from any other practitioner within the preceding thirty days.

  • Marginal note:Punishment

    (3) Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule I

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding seven years; or

    • (b) is guilty of an offence punishable on summary conviction and liable

      • (i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and

      • (ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

  • Marginal note:Punishment

    (4) Subject to subsection (5), every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule II

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years less a day; or

    • (b) is guilty of an offence punishable on summary conviction and liable

      • (i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and

      • (ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

  • Marginal note:Punishment

    (5) Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule II in an amount that does not exceed the amount set out for that substance in Schedule VIII is guilty of an offence punishable on summary conviction and liable to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both.

  • Marginal note:Punishment

    (6) Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule III

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years; or

    • (b) is guilty of an offence punishable on summary conviction and liable

      • (i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and

      • (ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

  • Marginal note:Punishment

    (7) Every person who contravenes subsection (2)

    • (a) is guilty of an indictable offence and liable

      • (i) to imprisonment for a term not exceeding seven years, where the subject-matter of the offence is a substance included in Schedule I,

      • (ii) to imprisonment for a term not exceeding five years less a day, where the subject-matter of the offence is a substance included in Schedule II,

      • (iii) to imprisonment for a term not exceeding three years, where the subject-matter of the offence is a substance included in Schedule III, or

      • (iv) to imprisonment for a term not exceeding eighteen months, where the subject-matter of the offence is a substance included in Schedule IV; or

    • (b) is guilty of an offence punishable on summary conviction and liable

      • (i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and

      • (ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

  • Marginal note:Determination of amount

    (8) For the purposes of subsection (5) and Schedule VIII, the amount of the substance means the entire amount of any mixture or substance, or the whole of any plant, that contains a detectable amount of the substance.

Marginal note:Trafficking in substance
  •  (1) No person shall traffic in a substance included in Schedule I, II, III or IV or in any substance represented or held out by that person to be such a substance.

  • Marginal note:Possession for purpose of trafficking

    (2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III or IV.

  • Marginal note:Punishment

    (3) Every person who contravenes subsection (1) or (2)

    • (a) subject to paragraph (a.1), if the subject matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life, and

      • (i) to a minimum punishment of imprisonment for a term of one year if

        • (A) the person committed the offence for the benefit of, at the direction of or in association with a criminal organization, as defined in subsection 467.1(1) of the Criminal Code,

        • (B) the person used or threatened to use violence in committing the offence,

        • (C) the person carried, used or threatened to use a weapon in committing the offence, or

        • (D) the person was convicted of a designated substance offence, or had served a term of imprisonment for a designated substance offence, within the previous 10 years, or

      • (ii) to a minimum punishment of imprisonment for a term of two years if

        • (A) the person committed the offence in or near a school, on or near school grounds or in or near any other public place usually frequented by persons under the age of 18 years,

        • (B) the person committed the offence in a prison, as defined in section 2 of the Criminal Code, or on its grounds, or

        • (C) the person used the services of a person under the age of 18 years, or involved such a person, in committing the offence;

    • (a.1) if the subject matter of the offence is a substance included in Schedule II in an amount that is not more than the amount set out for that substance in Schedule VII, is guilty of an indictable offence and liable to imprisonment for a term of not more than five years less a day;

    • (b) where the subject-matter of the offence is a substance included in Schedule III,

      • (i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or

      • (ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months; and

    • (c) where the subject-matter of the offence is a substance included in Schedule IV,

      • (i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years, or

      • (ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.

  • (4) [Repealed, 2012, c. 1, s. 39]

  • Marginal note:Interpretation

    (5) For the purposes of applying subsection (3) in respect of an offence under subsection (1), a reference to a substance included in Schedule I, II, III or IV includes a reference to any substance represented or held out to be a substance included in that Schedule.

  • Marginal note:Interpretation

    (6) For the purposes of paragraph (3)(a.1) and Schedule VII, the amount of the substance means the entire amount of any mixture or substance, or the whole of any plant, that contains a detectable amount of the substance.

  • 1996, c. 19, s. 5;
  • 2012, c. 1, s. 39.
 
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