Drug Possession (Sentencing Cases)

This page was last substantively updated or reviewed January 2020. (Rev. # 90145)

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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(5) [Repealed, 2018, c. 16, s. 195]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

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Simple Possession

Schedule I

Case Name	Prv.	Crt.	Sentence	Drug / Quant.	Summary
R v Gonzalez, 1990 BCCA 2019 (CanLII), per Taylor JA	BC	CA	3 months imprisonment	1/2 pound of cocaine	Find summaries of case.
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. Find summaries of case.
R v Worth, 2013 CanLII 15523 (NLSCTD), per Goodridge J	NL	SC	fine	angel dust	Find summaries of case.
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	Find summaries of case.
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 Find summaries of case.
R v Cote, 2002 BCCA 29 (CanLII), per Donald JA	BC	CA	14 days	< 2 gr meth	long criminal record; no past drug offences Find summaries of case.

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. Find summaries of case.
R v Kubbernus, 2008 ABQB 471 (CanLII), per Burrows J	AB	SC	9 months imprisonment	7.3 grams of meth-amphetamine	Find summaries of case.
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 Find summaries of case.

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 Find summaries of case.