Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-12-08 and last amended on 2014-12-06. Previous Versions

PART XII.1INSTRUMENTS AND LITERATURE FOR ILLICIT DRUG USE

Interpretation

Marginal note:Definitions

 In this Part,

“consume”

« consommer »

“consume” includes inhale, inject into the human body, masticate and smoke;

“illicit drug”

« drogue illicite »

“illicit drug” means a controlled substance or precursor the import, export, production, sale or possession of which is prohibited or restricted pursuant to the Controlled Drugs and Substances Act;

“illicit drug use”

« utilisation de drogues illicites »

“illicit drug use” means the importation, exportation, production, sale or possession of a controlled substance or precursor contrary to the Controlled Drugs and Substances Act or a regulation made under that Act;

“instrument for illicit drug use”

« instrument pour l’utilisation de drogues illicites »

“instrument for illicit drug use” means anything designed primarily or intended under the circumstances for consuming or to facilitate the consumption of an illicit drug, but does not include a “device” as that term is defined in section 2 of the Food and Drugs Act;

“literature for illicit drug use”

« documentation pour l’utilisation de drogues illicites »

“literature for illicit drug use” means any printed matter or video describing or depicting, and designed primarily or intended under the circumstances to promote, encourage or advocate, the production, preparation or consumption of illicit drugs;

“sell”

« vendre »

“sell” includes offer for sale, expose for sale, have in possession for sale and distribute, whether or not the distribution is made for consideration.

  • R.S., 1985, c. 50 (4th Supp.), s. 1;
  • 1996, c. 19, s. 67.

Offence and Punishment

Marginal note:Offence

 Every one who knowingly imports into Canada, exports from Canada, manufactures, promotes or sells instruments or literature for illicit drug use is guilty of an offence and liable on summary conviction

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

  • (b) for a second or subsequent offence, to a fine not exceeding three hundred thousand dollars or to imprisonment for a term not exceeding one year or to both.

  • R.S., 1985, c. 50 (4th Supp.), s. 1.