Drug Offences - Rokni Law

There are six basic categories of drugs that are controlled by the Controlled Drugs and Substances Act (CDSA). These categories are listed in the Schedules attached to the Act. Penalties differ according to what Schedule the particular drug is found under.

WHAT ARE THE DIFFERENT CATEGORIES OF DRUGS?

Schedule I Substances Include Drugs Such As:

Opium poppy, its preparations, derivatives and salts, including:
Opium, codeine, morphine, thebaine, acetorphine, benzylmorphine, codoximine, etc.

Coca, its preparations, derivatives and salts, including: Coca leaves, cocaine, ecgonine

Methamphetamine, it’s salts, derivatives, isomers and analogues and salts of isomers & analogues

Amphetamines, their salts, derivatives, isomers and analogues and salts of isomers & analogues

The following and their intermediates, derivatives, salts and salts of derivatives:
Phenylpiperidines, phenazepines, amidones, methadols, phenalkozams, thiambutenes, moramides, morphinans, benzazocines, phencyclidine, piritramide, fentanyls, and tilidin

Schedule II Substances Include Drugs Such As:

Cannabis, its preparations, derivatives and similar synthetic preparations, including:
Cannabis resin, cannabis (marijuana), cannabidiol, nabilone, pyrahexyl, tetrahydrocannabinol
But NOT including: non-viable cannabis seed, with the exception of its derivatives; mature cannabis stalks that do not include leves, flowers, seeds or branches and fibre derived from such stalks.*

Schedule III Substances Include Drugs Such As:

Amphetamines, their salts, derivatives, isomers and analogues and salts of the derivatives, isomers, and analogues as listed, but NOT including methamphetamine.

The following substances and any salt thereof:
Methylphenidate; methaqualone; mecloqualone; lysergic acid diethlamide (LSD); N,N-Diethyltryptamine (DET); N,N-Dimethyltryptamine (DMT); N-Methyl-3-piperidyl benzilate; Harmaline; Harmalol; Psilocin; Psilocybin; N-(1-phenylcyclohexyl) ethylamine (PCE); 1-[1-(2-Thienyl)cyclohexyl]piperidine; Rolicyclidine; mescaline; 4-methylaminorex; cathinone; fenetylline; 2-methylamino-1-phenyl-1-propanone; 1–[1–(Phenylmethyl)cyclohexyl] piperidine; 1–[1–(4–Methylphenyl)cyclohexyl] piperidine; 4–bromo–2,5–dimethoxybenzeneethanamine; Flunitrazepam; 4-hydroxybutanoic acid (GHB); Aminorex; Etryptamine; Lefetamine; Mesocarb; Zipeprol; Amineptine; Benzylpiperazine; Trifluoromethylphenylpiperazine [TFMPP]*

Schedule IV Substances Include Drugs Such As:

The following substances, their salts and derivates:
Barbituates, thiobarbituates, chlorophentermine, diethylpropion, phendiemtrazine, phenmetrazine, pipradol, phentermine, butorphanol, nalbuphine, gluethimide, clotiazepam, ethchlorvynol, ethinamate, mazindol, meprobamate, methyprylon, benzodiazepines (but not including clozapine, flunitrazepam, or olanzapine), Catha edulis forsk, fencamfamin, fenproporex, mefenorex, anabolic steroids, zeranol, zolpidem, 1 pemoline, and pyrovalerone.*

WHAT ARE THE MOST COMMON DRUG OFFENCES?

1. POSSESSION

It is an offence to be in possession of any drugs/controlled substance listed in schedules 1, 2, or 3. If in doubt about whether or not a particular substance is illegal, contact us or look specifically at the schedules in the Controlled Drugs and Substances Act. Generally speaking, if the substance is a drug which has not been specifically prescribed to you by a doctor to the person who possesses it, and is not a drug sold over the counter in a pharmacy, chances are it is controlled and therefore illegal to possess.

Section 4(3) of the Criminal Code defines “possession” as:

· Having a controlled drug in your possession; or knowingly

· Have a controlled drug in the custody of another person; or

· Having a controlled drug any place for the use or benefit of yourself or of another person.

More than one person can be in ‘possession’ of a drug/controlled substance at the same time. For example, if you know you are holding drugs that belong to a friend, both you and your friend may be in possession of those drugs.

If you are found guilty of s. 4(1) CDSA charge the Crown may have the option of choosing to proceed by summary or indictment. Their choice determines what the maximum penalties you can face are.

Simple Possession s. 4(1)
	Crown Election
	Summary Maximum Penalties		Indictment Maximum Penalties
	First Offence	Subsequent Offences	Indictment Maximum Penalties
Schedule I Substance	$1000 fine, 6 mos prison or both	$2000 fine, 1 yr prison or both	7 yrs prison
Schedule II Substance other than cannabis	$1000 fine, 6 mos prison or both	$2000 fine, 1 yr prison or both	5 yrs less a day prison
Cannabis resin – 1 g or less OR Cannabis marijuana – 30 g or less	Maximum fine of $1000, 6 mos prison, or both for first or subsequent offences		Not applicable
Schedule III Substance	$1000 fine, 6 mos prison or both	$2000 fine, 1 yr prison or both	3 yrs prison

2. TRAFFICKING

Trafficking is the delivery of a drug from one person to another. Drug trafficking does not have to be done for the purpose of making money and the Crown does not have to prove that the accused completed the delivery for the purpose of promoting the drug.

Accused persons in the following situations have all been found guilty of Drug Trafficking s. 5(2):

Giving drugs to a friend to hold onto for safe-keeping
Introducing a seller to a buyer and assisting in negotiating price and giving payment
Offering to sell drugs to an undercover police officer
Offering to traffic in a narcotic to a person who will take the offer as genuine, even if the accused didn’t intent to carry through with the offer
Offering to sell drugs to a person with the intention of taking their money and not delivering the drugs
Selling a substance as a drug, regardless of whether it was or not
Agreeing to buy drugs from another person for the purpose of resale

Maximum penalties for a charge under s. 5(1) is the same as the penalties under s. 5(2). Please see below for details.

3. POSSESSION FOR THE PURPOSE OF TRAFFICKING

Generally, this offence is made out when someone possesses a drug with the intention of making the drug available to others, even if they have purchased the drugs together. The offence requires proof that the accused had knowledge of the drugs or was willfully blind as to their presence.

Accused persons have been found guilty under s. 5(2) CDSA in the following situations:

A husband transporting drugs to his wife
Assisting a narcotics trafficker in hiding drugs from the police in the accused’s apartment
Lending money to someone else to buy and sell drugs and expecting profit in return

Trafficking (s. 5(1)) and Possession for the Purpose of Trafficking (s. 5(2))
	Crown Election
	Summary Maximum Penalties	Indictment Maximum Penalties
Schedule I or II Substance	N/A	Imprisonment for life
Cannabis not more than 3 kg ORCannabis resin not more than 3 kg	N/A	5 yrs less a day prison
Schedule III Substance	18 mos prison	10 yrs prison
Schedule IV Substance	1 yr prison	3 yrs prison

4. PRODUCTION OF SUBSTANCE

Production is defined as manufacture and cultivation. It is prohibited for all substances in Schedules I-IV, unless otherwise authorized by legislation. Cultivation requires ongoing working in helping the plants to grow, but does not stop if the plants are at a stage where they don’t require attention, in an environment that the person created. It starts when working with seeds and continues until the plants reach maturity.

There is a mandatory minimum sentences for this offence; a judge is required, by law, to place your sentence within a specified range. If any of the following aggravating factors are proven, the mandatory minimum sentence will increase:

The production used real property that belongs to a third party
The production constituted a potential security, health or safety risk to persons under the age of 18 years who were in the location where the offence was committed or in the immediate area
The production constituted a potential public safety hazard in a residential area OR
The person set or placed a trap, device or other thing that is likely to cause death or bodily harm to another person in the area where the offence was committed or in the immediate area, or permitted such a trap, device or thing to remain or be placed in that area or location

Production of a Substance s. 7(1) CDSA
	IndictmentSentencing Range	Indictment Sentencing Range with Aggravating Factor(s)
Schedule I Substances	2 yrs – life imprisonment	3 yrs – life imprisonment
Schedule II Substances other than marijuana for the purpose of trafficking	1 yr – life imprisonment	18 mos – life imprisonment
Cannabis produced for the purposes of trafficking 5 < 201 plants 200 < 501 plants > 500 plants	6 mos – 14 yrs prison 1 yr – 14 yrs prison 2 yrs – 14 yrs prison	9 mos – 14 yrs prison 18 mos – 14 yrs prison 3 yrs – 14 yrs prison
	Summary Maximum Penalties	Indictable Maximum Penalties
Schedule III Substances	18 mos prison	3 yrs prison
Schedule IV Substances	1 yr prison	3 yrs prison

Drug offences like trafficking and possession can result in serious penalties, fines, and considerable sentencing if you are proven guilty. If you are facing a possible criminal conviction for charges related to drug possession or trafficking, contact our office today and speak with a lawyer about your case.