Controlled Drugs and Substances Act

Marginal note:Trafficking in substance

• 5 (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 subsection (4), where 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;

  • (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.

• Marginal note:Punishment in respect of specified substance

  (4) Every person who contravenes subsection (1) or (2), 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 VII, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years less a day.

• Marginal note:Interpretation

  (5) For the purposes of applying subsection (3) or (4) 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 subsection (4) 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.