Under the Controlled Drugs and Substances Act, it is illegal for anyone to possess a substance listed in the Act. Some of the prohibited substances mentioned in the Act include cocaine, codeine, heroin, oxycodone, methadone, angel dust or PCP, magic mushrooms or psilocybin, plus many more. While some substances mentioned in the Act are completely illegal to possess, there are other substances which can be used only under certain exemptions. For example, a doctor’s prescription might allow you to possess or use a substance mentioned in the Act. If you are found with a quantity of illegal substances by the police, you may be charged and the Crown Attorney must establish the following:
(i) That you had physical possession of a prohibited substance;
(ii) That you knew that you possessed a prohibited substance or drug;
(iii) That you intended to possess a banned substance;
(iv) That you actually possess a substance which is prohibited under the Act
There is both Constructive possession and also Joint possession.
If you have been charged with possession, trafficking, importing/exporting, or cultivation of an illegal substance (drug) listed under the Controlled Drugs and Substances Act, contact our experienced Criminal Defence Lawyers who have the knowledge to defend your drug charges.
PART I Offences and Punishment Particular Offences
Possession of substance 4 (1) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III.
Obtaining substance (2) No person shall seek or obtain (a) a substance included in Schedule I, II, III or IV, or (b) an authorization to obtain a substance included in Schedule I, II, III or IV from a practitioner, unless the person discloses to the practitioner particulars relating to the acquisition by the person of every substance in those Schedules, and of every authorization to obtain such substances, from any other practitioner within the preceding thirty days.
Punishment (3) Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule I (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding seven years; or (b) is guilty of an offence punishable on summary conviction and liable (i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and (ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.
Punishment (4) Subject to subsection (5), every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule II (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years less a day; or (b) is guilty of an offence punishable on summary conviction and liable (i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and (ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both. (5) [Repealed, 2018, c. 16, s. 195]
Punishment (6) Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule III (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years; or (b) is guilty of an offence punishable on summary conviction and liable (i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and (ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.
Punishment (7) Every person who contravenes subsection (2) (a) is guilty of an indictable offence and liable (i) to imprisonment for a term not exceeding seven years, where the subject-matter of the offence is a substance included in Schedule I, (ii) to imprisonment for a term not exceeding five years less a day, where the subject-matter of the offence is a substance included in Schedule II, (iii) to imprisonment for a term not exceeding three years, where the subject-matter of the offence is a substance included in Schedule III, or (iv) to imprisonment for a term not exceeding eighteen months, where the subject-matter of the offence is a substance included in Schedule IV; or (b) is guilty of an offence punishable on summary conviction and liable (i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and (ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both. (8) [Repealed, 2018, c. 16, s. 195] 1996, c. 19, s. 42018, c. 16, s. 195 Previous Version
Definition of medical emergency 4.1 (1) For the purposes of this section, medical emergency means a physiological event induced by the introduction of a psychoactive substance into the body of a person that results in a life-threatening situation and in respect of which there are reasonable grounds to believe that the person requires emergency medical or law enforcement assistance.
Exemption — medical emergency (2) No person who seeks emergency medical or law enforcement assistance because that person, or another person, is suffering from a medical emergency is to be charged or convicted of an offence under subsection 4(1) if the evidence in support of that offence was obtained or discovered as a result of that person having sought assistance or having remained at the scene.
Exemption — persons at the scene (3) The exemption under subsection (2) also applies to any person, including the person suffering from the medical emergency, who is at the scene on the arrival of the emergency medical or law enforcement assistance.
Exemption — evidence (4) No person who seeks emergency medical or law enforcement assistance because that person, or another person, is suffering from a medical emergency, or who is at the scene on the arrival of the assistance, is to be charged with an offence concerning a violation of any condition of a pre-trial release or probation order relating to an offence under subsection 4(1) if the evidence in support of that offence was obtained or discovered as a result of that person having sought assistance or having remained at the scene.
Deeming (5) Any condition of a person’s pre-trial release, probation order, conditional sentence or parole relating to an offence under subsection 4(1) that may be violated as a result of the person seeking emergency medical or law enforcement assistance for their, or another person’s, medical emergency, or as a result of having been at the scene on the arrival of the assistance, is deemed not to be violated. 2017, c. 4, s. 22018, c. 16, s. 195.1 Previous Version
Trafficking in substance 5 (1) No person shall traffic in a substance included in Schedule I, II, III, IV or V or in any substance represented or held out by that person to be such a substance.
Possession for purpose of trafficking (2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III, IV or V.
Punishment (3) Every person who contravenes subsection (1) or (2) (a) if 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, and (i) to a minimum punishment of imprisonment for a term of one year if (A) the person committed the offence for the benefit of, at the direction of or in association with a criminal organization, as defined in subsection 467.1(1) of the Criminal Code, (B) the person used or threatened to use violence in committing the offence, (C) the person carried, used or threatened to use a weapon in committing the offence, or (D) the person was convicted of a designated substance offence, or had served a term of imprisonment for a designated substance offence, within the previous 10 years, or (ii) to a minimum punishment of imprisonment for a term of two years if (A) the person committed the offence in or near a school, on or near school grounds or in or near any other public place usually frequented by persons under the age of 18 years, (B) the person committed the offence in a prison, as defined in section 2 of the Criminal Code, or on its grounds, or (C) the person used the services of a person under the age of 18 years, or involved such a person, in committing the offence; (a.1) [Repealed, 2018, c. 16, s. 196] (b) if the subject matter of the offence is a substance included in Schedule III or V, (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. (4) [Repealed, 2012, c. 1, s. 39]
Interpretation (5) For the purposes of applying subsection (3) in respect of an offence under subsection (1), a reference to a substance included in Schedule I, II, III, IV or V includes a reference to any substance represented or held out to be a substance included in that Schedule. (6) [Repealed, 2018, c. 16, s. 196] 1996, c. 19, s. 52012, c. 1, s. 392017, c. 7, s. 32018, c. 16, s. 196
