Drug Possession (Sentencing Cases)

From Criminal Law Notebook
This page was last substantively updated or reviewed January 2020. (Rev. # 95034)

Offence Wording

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 [opiates and related], II [cannaboids] or III [psychedelics].

Obtaining substance

(2) No person shall seek or obtain

(a) a substance included in Schedule I [opiates and related], II [cannaboids], III [psychedelics] or IV [barbiturates], or
(b) an authorization to obtain a substance included in Schedule I [opiates and related], II [cannaboids], III [psychedelics] or IV [barbiturates] 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) [possession of substance] where the subject-matter of the offence is a substance included in Schedule I [opiates and related]

(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) [possession of substance] where the subject-matter of the offence is a substance included in Schedule II [cannaboids]

(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(5) [Repealed, 2018, c. 16, s. 195]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) [possession of substance] where the subject-matter of the offence is a substance included in Schedule III [psychedelics]

(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) [obtaining substance from practitioner]

(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 [opiates and related],
(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 [cannaboids],
(iii) to imprisonment for a term not exceeding three years, where the subject-matter of the offence is a substance included in Schedule III [psychedelics], 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 [barbiturates]; 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. 4; 2018, c. 16, s. 195.
[annotation(s) added]

CDSA (CanLII), (DOJ)


Note up: 4(1), (2), (3), (4), (6), and (7)

Simple Possession

Schedule I

Case Name Prv. Crt. Sentence Drug / Quant. Summary
R v Gourgouvelis, 2016 ABCA 131 (CanLII), per Paperny JA AB CA 6 months imprisonment (poss'n)
6 months imprisonment (obstr.)
12 months imprisonment (global)
cocaine The offender obstructed police by holding a washroom door closed to police while an associate tried to dispose of drugs.
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Keywords: None
R v Worth, 2013 CanLII 15523 (NLSCTD), per Goodridge J NL SC fine angel dust
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Keywords: None
R v Collins, 2009 NLTD 33 (CanLII), per Handrigan J NL SC 3 months imprisonment 12.3 g cocaine simple possession; valued at $80 to 100 / gram
R v Kubbernus, 2008 ABQB 471 (CanLII), per Burrows J AB SC 9 months imprisonment 7.3 grams of meth-amphetamine
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Keywords: None
R v McClure, 2002 ABCA 304 (CanLII), per Conrad JA AB CA $1,000 fine marijuana and cocaine trial judge overturned Joint Recommendation gave jail sentence
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Keywords: None
R v Cote, 2002 BCCA 29 (CanLII), per Donald JA BC CA 14 days < 2 gr meth long criminal record; no past drug offences
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Keywords: None
R v Gonzalez, 1990 BCCA 2019 (CanLII), per Taylor JA BC CA 3 months imprisonment 1/2 pound of cocaine
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Keywords: None

Schedule II

Case Name Prv. Crt. Sentence Drug / Quant. Summary
R v Northup, 2014 BCCA 140 (CanLII), per Lowry JA BC CA Suspended Sentence 86gr marijuana charged with two counts of possession of marijuana.
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Keywords: None
R v Kubbernus, 2008 ABQB 471 (CanLII), per Burrows J AB SC 9 months imprisonment 7.3 grams of meth-amphetamine
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Keywords: None
R v McClure, 2002 ABCA 304 (CanLII), per Conrad JA AB CA $1,000 fine marijuana and cocaine trial judge overturned Joint Recommendation gave jail sentence
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Keywords: None

Proceeds of Crime

Case Name Prv. Crt. Sentence Summary
R v Daluro, 2011 ABCA 312 (CanLII), per Martin JA AB CA 6 months imprisonment couriering $183k as part of drug dealing
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Keywords: None