History of Drug Offences
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History
Between 1996 and the present, there were no changes to s. 4 CDSA.
Section 5
2017 to present
On May 18, 2017, s. 5 was amended to read as follows:
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 or IV.
Punishment
(3) Every person who contravenes subsection (1) or (2)
- (a) subject to paragraph (a.1), 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) if the subject matter of the offence is a substance included in Schedule II in an amount that is not more than the amount set out for that substance in Schedule VII, is guilty of an indictable offence and liable to imprisonment for a term of not more than five years less a day;
- (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.
Interpretation
(6) For the purposes of paragraph (3)(a.1) and Schedule VII, the amount of the substance means the entire amount of any mixture or substance, or the whole of any plant, that contains a detectable amount of the substance.
1996, c. 19, s. 5; 2012, c. 1, s. 39; 2017, c. 7, s. 3.
– CDSA
2012 to 2017
On March 13, 2012, s. 5 of the Controlled Drugs and Substances was amended as follows:
Trafficking in substance
5 (1) No person shall traffic in a substance included in Schedule I, II, III or IV 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 or IV.
Punishment
(3) Every person who contravenes subsection (1) or (2)
- (a) subject to paragraph (a.1), 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) if the subject matter of the offence is a substance included in Schedule II in an amount that is not more than the amount set out for that substance in Schedule VII, is guilty of an indictable offence and liable to imprisonment for a term of not more than five years less a day;
- (b) where the subject-matter of the offence is a substance included in Schedule III,
- (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 or IV includes a reference to any substance represented or held out to be a substance included in that Schedule.
Interpretation
(6) For the purposes of paragraph (3)(a.1) and Schedule VII, the amount of the substance means the entire amount of any mixture or substance, or the whole of any plant, that contains a detectable amount of the substance.
1996, c. 19, s. 5; 2012, c. 1, s. 39.
– CDSA
The amended portions of s. 5 is underlined.
1996 to 2012
Trafficking in substance
5. (1) No person shall traffic in a substance included in Schedule I, II, III or IV 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 or IV.
'Punishment
(3) Every person who contravenes subsection (1) or (2)
- (a) subject to subsection (4), where 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;
- (b) where the subject-matter of the offence is a substance included in Schedule III,
- (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.
Punishment in respect of specified substance
(4) Every person who contravenes subsection (1) or (2), where the subject-matter of the offence is a substance included in Schedule II in an amount that does not exceed the amount set out for that substance in Schedule VII, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years less a day.
Interpretation
(5) For the purposes of applying subsection (3) or (4) in respect of an offence under subsection (1), a reference to a substance included in Schedule I, II, III or IV includes a reference to any substance represented or held out to be a substance included in that Schedule.
Interpretation
(6) For the purposes of subsection (4) and Schedule VII, the amount of the substance means the entire amount of any mixture or substance, or the whole of any plant, that contains a detectable amount of the substance.
– CDSA
Section 6
2017 to present
Importing and exporting
6 (1) Except as authorized under the regulations, no person shall import into Canada or export from Canada a substance included in Schedule I, II, III, IV, V or VI.
Possession for the purpose of exporting
(2) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II, III, IV, V or VI for the purpose of exporting it from Canada.
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 in an amount that is not more than one kilogram, or in Schedule II, is guilty of an indictable offence and liable to imprisonment for life, and to a minimum punishment of imprisonment for a term of one year if
- (i) the offence is committed for the purposes of trafficking,
- (ii) the person, while committing the offence, abused a position of trust or authority, or
- (iii) the person had access to an area that is restricted to authorized persons and used that access to commit the offence;
- (a.1) if the subject matter of the offence is a substance included in Schedule I in an amount that is more than one kilogram, is guilty of an indictable offence and liable to imprisonment for life and to a minimum punishment of imprisonment for a term of two years;
- (b) if the subject matter of the offence is a substance included in Schedule III, V or VI,
- (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) if 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.
1996, c. 19, s. 6; 2012, c. 1, s. 40; 2017, c. 7, s. 4.
– CDSA
2012 to 2017
On March 13, 2012, s. 6 of the Controlled Drugs and Substances was amended as follows:
Importing and exporting
6 (1) Except as authorized under the regulations, no person shall import into Canada or export from Canada a substance included in Schedule I, II, III, IV, V or VI.
Possession for the purpose of exporting
(2) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II, III, IV, V or VI for the purpose of exporting it from Canada.
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 in an amount that is not more than one kilogram, or in Schedule II, is guilty of an indictable offence and liable to imprisonment for life, and to a minimum punishment of imprisonment for a term of one year if
- (i) the offence is committed for the purposes of trafficking,
- (ii) the person, while committing the offence, abused a position of trust or authority, or
- (iii) the person had access to an area that is restricted to authorized persons and used that access to commit the offence;
- (a.1) if the subject matter of the offence is a substance included in Schedule I in an amount that is more than one kilogram, is guilty of an indictable offence and liable to imprisonment for life and to a minimum punishment of imprisonment for a term of two years;
- (b) if the subject matter of the offence is a substance included in Schedule III, V or VI,
- (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) if 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.
1996, c. 19, s. 6; 2012, c. 1, s. 40.
– CDSA
1996 to 2012
Importing and exporting
6. (1) Except as authorized under the regulations, no person shall import into Canada or export from Canada a substance included in Schedule I, II, III, IV, V or VI.
Possession for the purpose of exporting
(2) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II, III, IV, V or VI for the purpose of exporting it from Canada.
Punishment
(3) Every person who contravenes subsection (1) or (2)
- (a) where 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;
- (b) where the subject-matter of the offence is a substance included in Schedule III or VI,
- (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 or V,
- (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.
– CDSA
Section 7
2017 to present
Production of substance
7 (1) Except as authorized under the regulations, no person shall produce a substance included in Schedule I, II, III, IV or V.
Punishment
(2) Every person who contravenes subsection (1)
- (a) if the subject matter of the offence is a substance included in Schedule I, is guilty of an indictable offence and liable to imprisonment for life and to a minimum punishment of imprisonment for a term of three years if any of the factors set out in subsection (3) apply and for a term of two years in any other case;
- (a.1) if the subject matter of the offence is a substance included in Schedule II, other than cannabis (marihuana), is guilty of an indictable offence and liable to imprisonment for life, and to a minimum punishment of imprisonment
- (i) for a term of one year if the production is for the purpose of trafficking, or
- (ii) for a term of 18 months if the production is for the purpose of trafficking and any of the factors set out in subsection (3) apply;
- (b) if the subject matter of the offence is cannabis (marihuana), is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years, and to a minimum punishment of
- (i) imprisonment for a term of six months if the number of plants produced is less than 201 and more than five, and the production is for the purpose of trafficking,
- (ii) imprisonment for a term of nine months if the number of plants produced is less than 201 and more than five, the production is for the purpose of trafficking and any of the factors set out in subsection (3) apply,
- (iii) imprisonment for a term of one year if the number of plants produced is more than 200 and less than 501,
- (iv) imprisonment for a term of 18 months if the number of plants produced is more than 200 and less than 501 and any of the factors set out in subsection (3) apply,
- (v) imprisonment for a term of two years if the number of plants produced is more than 500, or
- (vi) imprisonment for a term of three years if the number of plants produced is more than 500 and any of the factors set out in subsection (3) apply;
- (c) 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
- (d) 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.
Factors
(3) The following factors must be taken into account in applying paragraphs (2)(a) to (b):
- (a) the person used real property that belongs to a third party in committing the offence;
- (b) the production constituted a potential security, health or safety hazard to persons under the age of 18 years who were in the location where the offence was committed or in the immediate area;
- (c) the production constituted a potential public safety hazard in a residential area; or
- (d) 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 location where the offence was committed or in the immediate area, or permitted such a trap, device or other thing to remain or be placed in that location or area.
1996, c. 19, s. 7; 2012, c. 1, s. 41; 2017, c. 7, s. 5.
– CDSA
2012 to 2017
On March 13, 2012, s. 7 of the Controlled Drugs and Substances was amended as follows:
Production of substance
7 (1) Except as authorized under the regulations, no person shall produce a substance included in Schedule I, II, III or IV.
Punishment
(2) Every person who contravenes subsection (1)
- (a) if the subject matter of the offence is a substance included in Schedule I, is guilty of an indictable offence and liable to imprisonment for life and to a minimum punishment of imprisonment for a term of three years if any of the factors set out in subsection (3) apply and for a term of two years in any other case;
- (a.1) if the subject matter of the offence is a substance included in Schedule II, other than cannabis (marihuana), is guilty of an indictable offence and liable to imprisonment for life, and to a minimum punishment of imprisonment
- (i) for a term of one year if the production is for the purpose of trafficking, or
- (ii) for a term of 18 months if the production is for the purpose of trafficking and any of the factors set out in subsection (3) apply;
- (b) if the subject matter of the offence is cannabis (marihuana), is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years, and to a minimum punishment of
- (i) imprisonment for a term of six months if the number of plants produced is less than 201 and more than five, and the production is for the purpose of trafficking,
- (ii) imprisonment for a term of nine months if the number of plants produced is less than 201 and more than five, the production is for the purpose of trafficking and any of the factors set out in subsection (3) apply,
- (iii) imprisonment for a term of one year if the number of plants produced is more than 200 and less than 501,
- (iv) imprisonment for a term of 18 months if the number of plants produced is more than 200 and less than 501 and any of the factors set out in subsection (3) apply,
- (v) imprisonment for a term of two years if the number of plants produced is more than 500, or
- (vi) imprisonment for a term of three years if the number of plants produced is more than 500 and any of the factors set out in subsection (3) apply;
- (c) where the subject-matter of the offence is a substance included in Schedule III,
- (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
- (d) 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.
Factors
(3) The following factors must be taken into account in applying paragraphs (2)(a) to (b):
- (a) the person used real property that belongs to a third party in committing the offence;
- (b) the production constituted a potential security, health or safety hazard to persons under the age of 18 years who were in the location where the offence was committed or in the immediate area;
- (c) the production constituted a potential public safety hazard in a residential area; or
- (d) 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 location where the offence was committed or in the immediate area, or permitted such a trap, device or other thing to remain or be placed in that location or area.
1996, c. 19, s. 7; 2012, c. 1, s. 41.
– CDSA
1996 to 2012
Production of substance
7. (1) Except as authorized under the regulations, no person shall produce a substance included in Schedule I, II, III or IV.
Punishment
(2) Every person who contravenes subsection (1)
- (a) where the subject-matter of the offence is a substance included in Schedule I or II, other than cannabis (marihuana), is guilty of an indictable offence and liable to imprisonment for life;
- (b) where the subject-matter of the offence is cannabis (marihuana), is guilty of an indictable offence and liable to imprisonment for a term not exceeding seven years;
- (c) where the subject-matter of the offence is a substance included in Schedule III,
- (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
- (d) 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.
– CDSA
Section 7.1
2017 to present
On May 18, 2017, s. 7.1 was amended to read as follows:
Possession, sale, etc., for use in production of or trafficking in substance
7.1 (1) No person shall possess, produce, sell, import or transport anything intending that it will be used
- (a) to produce a controlled substance, unless the production of the controlled substance is lawfully authorized; or
- (b) to traffic in a controlled substance.
Punishment
(2) Every person who contravenes subsection (1)
- (a) if the subject matter of the offence is a substance included in Schedule I, II, III or V,
- (i) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years, or
- (ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term of not more than 18 months; and
- (b) if 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 of not more than three years, or
- (ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term of not more than one year.
2011, c. 14, s. 1; 2017, c. 7, s. 6.
– CDSA
2011 to 2017
Possession, etc., for use in production of or trafficking in substance
7.1 (1) No person shall possess, produce, sell or import anything knowing that it will be used to produce or traffic in a substance referred to in item 18 of Schedule I or subitem 1(9) of Schedule III.
Punishment
(2) Every person who contravenes subsection (1) is guilty of an indictable offence and liable to imprisonment for a term of not more than ten years less a day.
2011, c. 14, s. 1.
– CDSA