|Drug Trafficking, Schedule II|
|s. 5(1), (2) of the Controlled Drugs and Substances Act|
|Election / Plea|
|Crown Election||Indictment(>1g Res. or 30g Mj)|
Hybrid (<1g Res. or 30g Mj)
summary proceedings must initiate within 12 months of the offence (786(2))
Sup. Court w/ Jury (*)
|Avail. Disp.||Discharge (730)|
Conditional Sentence (742.1)
|Maximum||$1,000 fine or 6 months incarceration|
|Maximum||5 years less a day incarceration (<3kg)|
Schedule VII sets cannabis resin and cannabis marijuana at 3kg.
Schedule VIII sets the cannabis resin at 1 g and cannabis marijuana at 30 g.
Sentencing Principles and Ranges
- For General Sentencing Principles for all drug offences, see Sentencing for Drug Offences
- Maximum Penalties
Offences under s. 5(3)(a) [exceeding 3 kg] are straight indictable. The maximum penalty is life incarceration.
Offences under s. 5(3)(a.1)[not exceeding 3 kg] are straight indictable. The maximum penalty is 5 years incarceration.
- Available Dispositions
All dispositions are available.The judge may order a discharge (s. 730), suspended sentence (s. 731(1)(a)), fine (s. 731(1)(b)), custody (s. 718.3, 787), custody with probation (s. 731(1)(b)), custody with a fine (s. 734), or a conditional sentence (s. 742.1).
- Consecutive Sentences
There are no statutory requirements that the sentences be consecutive.
Offenders found trafficking in a Schedule II controlled substance (e.g. Cannabinoids) in an amount greater than 3kg are liable for an indictable offence with a maximum penalty of life in jail. Where the amount is equal or less than 3kg, the offender is liable for an indictable offence with a maximum penalty of 5 years jail.
The primary sentencing principles for these offences involving soft drugs are protection of the public through denunciation and deterrence. 
The courts do recognize a distinction between hard and soft drugs, where soft drugs are treated less seriously from hard drugs.
The upper range of marijuana trafficking is typically 12 months jail and above.
The lower end of the range is around 6 months jail, served either conditionally or on a straight-time basis.
At the very lowest end there will be the rare granting of suspended sentences, fines, or discharges. This usually involves exceptional circumstances such as the offenders position in the community or a benevolent intent behind the act.
Alberta does not have a starting point for sentence on soft drugs. However, the norm is for a sentence of incarceration regardless of prior record with a range between 6 and 12 months.
R v Butt, 2007 NLTD 57 (CanLII), Nfld. & PEIR 98 (NLSC), per LeBlanc J
R v Murray, 2012 ABPC 123 (CanLII), per Semenuk J, at para 92
- R v Butt and Gallant, 1993 CanLII 7743 (NL CA), Nfld. & PEIR 92 (NLCA), per Marshall JA
R v McKie (1981), 29 Nfld. & PEIR 181 (P.E.I.C.A.)(*no CanLII links)
R v Chen, 2007 ONCA 230 (CanLII), 73 WCB (2d) 287, per curiam (18 months jail)
R v Nguyen, 2007 ONCA 222 (CanLII), 227 CCC (6th) 356 (CA), per curiam (3:0) (15 months)
R v Imoro, 2011 ONSC 1445 (CanLII),  OJ No 996, per Spies J
R v Nagtzaam, 2009 ONCJ 596 (CanLII),  OJ No 5409 (O.C.J.), per Hearn J
R v Do,  OJ No 5491 (O.C.J.)(*no CanLII links)
R v Schweitzer,  OJ No 5228 (O.C.J.)(*no CanLII links)
(5 months jail)
R v Stover,  OJ No 3736 (O.C.J.)(*no CanLII links) (4 months CSO)
R v Small, 2001 BCCA 91 (CanLII), 152 CCC (3d) 412, per Newbury JA (3:0)
R v Lucas, 2002 BCPC 268 (CanLII),  BCJ No 1631 (Prov. Ct.), per Higinbotham J
- R v Murray, 2012 ABPC 123 (CanLII), per Semenuk J, at para 93
Ancillary Sentencing Orders
- Offence-specific Orders
|Weapons Prohibition Orders||s. 5 CDSA||
Under s. 487.04, convictions for trafficking of Schedule II drugs, unlike the other schedules, is not eligible for a secondary designated DNA Order.
Circumstance-specific Forfeiture Orders
|Forfeiture of Proceeds of Crime (s. 462.37(1) or (2.01))||any||Where there is a finding of guilt for an indictable offence under the Code or the CDSA in which property is "proceeds of crime" and offence was "committed in relation to that property", the property shall be forfeited to His Majesty the King on application of the Crown. NB: does not apply to summary offences.|
|Fine in Lieu of Forfeiture (s. 462.37(3))||any||Where a Court is satisfied an order for the forfeiture of proceeds of crime under s. 462.37(1) or (2.01) can be made, but that property cannot be "made subject to an order", then the Court "may" order a fine in "an amount equal to the value of the property". Failure to pay the fine will result in a default judgement imposing a period of incarceration.|
|Forfeiture of Weapons or Firearms (s. 491)||any||Where there is finding of guilt for an offence where a "weapon, an imitation firearm, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance was used in the commission of [the] offence and that thing has been seized and detained", or "that a person has committed an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance has been seized and detained, that the item be an enumerated weapon or related item be connected to the offence", then there will be a mandatory forfeiture order. However, under s. 491(2), if the lawful owner "was not a party to the offence" and the judge has "no reasonable grounds to believe that the thing would or might be used in the commission of an offence", then it should be returned to the lawful owner.|
|Forfeiture of Offence-related Property (s. 490.1)||any||Where there is a finding of guilt for an indictable offence, "any property is offence-related property" where (a) by means or in respect of which an indictable offence under this Act or the Corruption of Foreign Public Officials Act is committed, (b) that is used in any manner in connection with the commission of such an offence, or (c) that is intended to be used for committing such an offence". Such property is to be forfeited to Her Majesty in right of the province. NB: does not apply to summary offences.|
Other Sentencing Orders
|Non-communication order while offender in custody (s. 743.21)||any||The judge has the discretion to order that the offender be prohibited "from communicating...with any victim, witness or other person" while in custody except where the judge "considers [it] necessary" to communicate with them.|
|Restitution Orders (s. 738)||any||A discretionary Order is available for things such as the replacement value of the property; the pecuniary damages incurred from harm, expenses fleeing a domestic partner; or certain expenses arising from the commission of an offence under s.402.2 or 403.|
|Victim Fine Surcharge (s. 737)||any||A discretionary surcharge under s. 737 of 30% of any fine order imposed, $100 per summary conviction or $200 per indictable conviction. If the offence occurs on or after October 23, 2013, the order has smaller minimum amounts (15%, $50, or $100).|
- Offences by Penalty
- CDSA Schedules
- Drug Trafficking, Schedule I (Sentencing): Maximum penalty of life
- Drug Trafficking, Schedule III (Sentencing): Maximum penalty of 10 years
- Drug Trafficking, Schedule IV (Sentencing): Maximum penalty of 3 years