Criminal Law Notebook

Drug Offences

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Introduction

Drug offences are distinct from the various crimes found in the Criminal Code. Drug offences are governed primarily by the Contolled Drugs and Substances Act. This act not only defines drug offences, it sets out the rules of evidence and the investigative police powers applicable to investigations and prosecutions of drug offences.

Drug Offences

Drug Defences

Intent to Traffic

See Drug Trafficking

Notice to Admit Certificates of Analysis

Sentencing

Administrative Powers Under CDSA

Relationship to Other Acts

Transitions Provisions

Transitional Provisions
References to prior enactments

61 Any reference in a designation by the Minister of Public Safety and Emergency Preparedness under Part VI of the Criminal Code to an offence contrary to the Narcotic Control Act or Part III or IV of the Food and Drugs Act or any conspiracy or attempt to commit or being an accessory after the fact or any counselling in relation to such an offence shall be deemed to be a reference to an offence contrary to section 5 (trafficking), 6 (importing and exporting) or 7 (production) of this Act, as the case may be, or a conspiracy or attempt to commit or being an accessory after the fact or any counselling in relation to such an offence.

1996, c. 19, s. 61; 2001, c. 32, s. 56; 2005, c. 10, s. 34.


Sentences for prior offences

62 (1) Subject to subsection (2), where, before the coming into force of this Act, a person has committed an offence under the Narcotic Control Act or Part III or IV of the Food and Drugs Act but a sentence has not been imposed on the person for that offence, a sentence shall be imposed on the person in accordance with this Act.

Application of increased punishment

(2) Where any penalty, forfeiture or punishment provided by the Narcotic Control Act or section 31 or Part III or IV of the Food and Drugs Act, as those Acts read immediately before the coming into force of sections 4 to 9 of this Act, is varied by this Act, the lesser penalty, forfeiture or punishment applies in respect of any offence that was committed before the coming into force of those sections.

Validation

63 Every authorization issued by the Minister under subsection G.06.001(1) or J.01.033(1) of the Food and Drug Regulations or subsection 68(1) of the Narcotic Control Regulations before the coming into force of sections 81 and 94 of this Act is hereby declared to have been validly issued and every such authorization that is in force on the coming into force of sections 81 and 94 of this Act shall continue in force under this Act until it is revoked, as if it were an exemption made under section 56 of this Act.


Misc Defintions

Definitions

2 (1) In this Act,
adjudicator means a person appointed or employed under the Public Service Employment Act who performs the duties and functions of an adjudicator under this Act and the regulations; (arbitre)

analogue means a substance that, in relation to a controlled substance, has a substantially similar chemical structure; (analogue)

analyst means a person who is designated as an analyst under section 44; (analyste)

Attorney General means

(a) the Attorney General of Canada, and includes their lawful deputy, or
(b) with respect to proceedings commenced at the instance of the government of a province and conducted by or on behalf of that government, the Attorney General of that province, and includes their lawful deputy; (procureur général)

chemical offence-related property means offence-related property that is a chemical or precursor and includes anything that contains such property or has such property on it; (bien infractionnel chimique)

controlled substance means a substance included in Schedule I, II, III, IV or V; (substance désignée)

customs office has the same meaning as in subsection 2(1) of the Customs Act; (bureau de douane)

designated device means a device included in Schedule IX; (instrument désigné)

designated substance offence means

(a) an offence under Part I, except subsection 4(1), or
(b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a); (infraction désignée)

inspector means a person who is designated as an inspector under section 30; (inspecteur)

judge means a judge as defined in section 552 of the Criminal Code or a judge of a superior court of criminal jurisdiction; (juge)

justice has the same meaning as in section 2 of the Criminal Code; (juge de paix)

Minister means the Minister of Health; (ministre)

non-chemical offence-related property means offence-related property that is not chemical offence-related property; (bien infractionnel non-chimique)

offence-related property means, with the exception of a controlled substance, any property, within or outside Canada,

(a) by means of or in respect of which a designated substance offence is committed,
(b) that is used in any manner in connection with the commission of a designated substance offence, or
(c) that is intended for use for the purpose of committing a designated substance offence; (bien infractionnel)

organization has the same meaning as in section 2 of the Criminal Code. (organisation)

person means an individual or an organization. (personne)

possession means possession within the meaning of subsection 4(3) of the Criminal Code; (possession)

practitioner means a person who is registered and entitled under the laws of a province to practise in that province the profession of medicine, dentistry or veterinary medicine, and includes any other person or class of persons prescribed as a practitioner; (praticien)

precursor means a substance included in Schedule VI; (précurseur)

prescribed means prescribed by the regulations; (Version anglaise seulement)

produce means, in respect of a substance included in any of Schedules I to V, to obtain the substance by any method or process including

(a) manufacturing, synthesizing or using any means of altering the chemical or physical properties of the substance, or
(b) cultivating, propagating or harvesting the substance or any living thing from which the substance may be extracted or otherwise obtained,

and includes offer to produce; (production) provide means to give, transfer or otherwise make available in any manner, whether directly or indirectly and whether or not for consideration; (fournir) sell includes offer for sale, expose for sale, have in possession for sale and distribute, whether or not the distribution is made for consideration; (vente)

traffic means, in respect of a substance included in any of Schedules I to V,

(a) to sell, administer, give, transfer, transport, send or deliver the substance,
(b) to sell an authorization to obtain the substance, or
(c) to offer to do anything mentioned in paragraph (a) or (b),

otherwise than under the authority of the regulations. (trafic)

Interpretation

(2) For the purposes of this Act,

(a) a reference to a controlled substance includes a reference to any substance that contains a controlled substance; and
(b) a reference to a controlled substance includes a reference to
(i) all synthetic and natural forms of the substance, and
(ii) any thing that contains or has on it a controlled substance and that is used or intended or designed for use
(A) in producing the substance, or
(B) in introducing the substance into a human body.
Interpretation

(3) For the purposes of this Act, where a substance is expressly named in any of Schedules I to VI, it shall be deemed not to be included in any other of those Schedules.

1996, c. 8, s. 35, c. 19, s. 2; 2001, c. 32, s. 47; 2017, c. 7, s. 1; 2018, c. 16, s. 194.


Interpretation

3 (1) Every power or duty imposed under this Act that may be exercised or performed in respect of an offence under this Act may be exercised or performed in respect of a conspiracy, or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under this Act.

(2) [Repealed, 2017, c. 7, s. 2]

1995, c. 22, s. 18; 1996, c. 19, s. 3; 2017, c. 7, s. 2.


See Also

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