Controlled Drugs and Substances Act

The Controlled Drugs and Substances Act is Canada's federal drug control statute. Passed in 1996, 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.

(Incomplete) list of drugs

A complete list can be found here.

Schedule I

• Coca (leaves, cocaine, ecgonine, crack)
• Ketamine
• Methamphetamine
• Opioids (heroin, morphine, oxycodone, pethidine, etc.)
• Phencyclidine

Schedule II

• Hashish
• Cannabis

Schedule III

• Amphetamines (excluding methamphetamine)
• Barbiturates
• Cathinone
• DMT
• MDMA
• LSD
• LSA
• Methaqualone (Quaaludes)
• Methcathinone
• Psilocybin
• Flunitrazepam (Rohypnol)
• Temazepam (Restoril)
• GHB
• Harmaline

Schedule IV

• Anabolic steroids (testosterone, etc)
• Benzodiazepines (Except flunitrazepam and temazepam)

Schedule V

• Propylhexedrine

Schedule VI (Precursors)

Class A

• Ephedrine (easily reduced into methamphetamine)
• Isosafrole (used in making MDMA)
• Lysergic acid
• 1-Phenyl-2-propanone
• Potassium permanganate
• Pseudoephedrine (easily reduced into methamphetamine)
• 1,4-Butanediol
• Red Phosphorus
• White Phosphorus

Class B.

• Acetone
• Ethyl Ether
• Hydrochloric Acid
• Methyl ethyl ketone
• Sulphuric Acid
• Toluene

Schedule VII

• 3kg Hashish
• 3kg Cannabis

Schedule VIII

• 1g Hashish
• 30g Cannabis

Laws

Possession

If tried as an indictable offence, the defendant is liable to:

Schedule I: Maximum 7 years imprisonment
Schedule II (exceeding amounts set in Schedule VIII): Maximum 5 years imprisonment
Schedule III: 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 sustance 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). Ergo, 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.

Or, if tried as a summary conviction, the defendant is liable to:

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

References

• Controlled Drugs and Substances Act.
• Controlled Drugs and Substances Act The schedules of the Act, with the chemical name and structure of each substance. Correlates the drugs and substances of the Act with those named in three United Nations treaties:
  • Single Convention on Narcotic Drugs
  • Convention on Psychotropic Substances
  • United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances