Controlled Drugs and Substances Act
Offences involving illicit drugs are found within the Controlled Drugs and Substances Act. Each drug is classified in one of several schedules. For example, opium is a Schedule I drug, marijuana is a Schedule II drug, and amphetamines are a Schedule III drug. Generally, offences involving illicit drugs are prosecuted by the Federal Crown Attorney, unless the charges are delegated to the Provincial Crown Attorney and delegation is accepted.
Possession
The element of possession requires that a person; (1) have a scheduled substance in his or her personal possession, (2) knowingly has the substance in the actual possession or custody of another person, or (3) knowingly has the substance in any place for the use or benefit of himself or herself or another person.
Penalty for Possession
Upon conviction, the maximum penalty for a Schedule I drug is 7 years imprisonment for an indictable offence. For a summary offence, the maximum penalty for a first offence is a fine not exceeding $1,000 and/or a term of imprisonment not exceeding 6 months, and the maximum penalty for any subsequent summary offence is a $2,000 fine and/or 1 year imprisonment.
A conviction from a Schedule II drug carries a maximum penalty of 5 years imprisonment for an indictable offence. For a summary offence, the maximum penalty for a first offence is a fine not exceeding $1,000 and/or a term of imprisonment not exceeding 6 months, and the maximum penalty for any subsequent offence is a $2,000 fine and/or 1 year imprisonment. Where the Schedule II drug is marijuana and the amount seized is less than 30 grams, the offence is strictly a summary offence. The maximum penalty in these circumstances is 6 months in prison and/or a fine of $1,000.
A conviction from a Schedule III drug carries a maximum penalty of 3 years imprisonment for an indictable offence. For a summary offence, the maximum penalty for a first offence is a fine not exceeding $1,000 and/or a term of imprisonment not exceeding 6 months, and the maximum penalty for any subsequent offence is a $2,000 fine and/or 1 year imprisonment.
Trafficking and Possession for the Purpose of Trafficking
To sustain a conviction for this offence, the Crown Attorney must prove not only a person is in possession of a scheduled substance or any substance held out or represented to be a scheduled substance, but it must also prove that it was the intent or purpose of that person of making the drug available to others.
The definition of trafficking means; (1) to sell, administer, give, transfer, transport, send or deliver a scheduled substance, (2) to sell an authorization to obtain the substance, or (3) to offer to do any of the actions listed in either (1) or (2).
Penalty for Trafficking and Possession for the Purpose of Trafficking
The maximum penalties for trafficking and possession for the purpose of trafficking are the same. Upon conviction for trafficking or possession for the purpose of trafficking of a Schedule I or II substance, a person a liable to a maximum penalty of life imprisonment. For a Schedule III substance, the maximum penalty for an indictable offence is a term of imprisonment not exceeding 10 years, while for a summary offence the maximum penalty is 18 months imprisonment.
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A conviction for an offence under the Controlled Drugs and Substances Act can impact your ability to travel, particularly if you intend on entering the United States.
Contact me immediately if you have been charged with any offence involving drugs.
A conviction for a drug related offence can make it very difficult to enter the United States. Find out more about entering the united States with a criminal conviction.