Controlled Drugs and Substances Act

The Controlled Drugs and Substances Act is Canada's federal drug control statute. Passed in 1996 by the Chrétien government, it repeals the Narcotic Control Act and Parts III and IV of the Food and Drug Act and establishes eight Schedules of controlled substances and two Classes of precursors. It provides that "The Governor in Council may, by order, amend any of Schedules I to VIII by adding to them or deleting from them any item or portion of an item, where the Governor in Council deems the amendment to be necessary in the public interest."

The Act serves as the implementing legislation for the Single Convention on Narcotic Drugs, the Convention on Psychotropic Substances, and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.

(Incomplete) list of drugs

A complete list of drugs scheduled in Canada's Controlled Drugs and Substances Act can be found here. This list is what is reflected below. Some less common chemicals are omitted.

Schedule I

• Amidones
• Ampromides
• Benzazocines, excluding Cyclazocine
• Benzimidazoles
• Coca and derivatives (including Coca leaves, Cocaine, Ecgonine)
• Codeine when not in a medication containing at least two other activer ingredients.
• Fentanyls
• Ketamine
• Methadols
• Methamphetamine
• Moramides
• Morphinans (Buprenorphine, Levomethorphan, etc.)
  • Excluding Dextromethorphan (DXM), Dextrorphan, etc.
• Opium poppy derivatives (Opium, Heroin, Codeine, Morphine, Oxycodone, etc.)
  • With some exceptions, such as poppy seeds, Narcotine, and others.
• Oxycodone
• Phenalkoxams
• Phenazepines (Proheptazine)
  • Excluding Ethoheptazine, Metethoheptazine, Methoheptazine
• PCP
• Phenylpiperidines
• Piritramide
• Thiambutenes
• Tiletamine
• Tilidine

Schedule II

• Cannabis and derivatives
  • Including Marijuana, cannabis resin, Tetrahydrocannabinol (THC)
  • Not including non-viable Cannabis seed, excepting its derivatives
  • Not including, flowers, seeds or branches, and fibers derived from such stalks (Hemp)

Schedule III

• Amphetamines (Adderall, Adderall XR, Vyvanse, Dexedrine, Dexedrine XR, Mixed amphetamine Salts)
• 3,4-methylenedioxymethamphetamine(MDMA)
• 2,5-Dimethoxy-4-methylamphetamine (STP / DOM)
• Cathinone
• DET
• DMT
• Flunitrazepam (Rohypnol)
• GHB
• Harmaline
• LSA
• LSD
• Mescaline, but not Peyote (lophophora)
• Methcathinone
• Methaqualone (Quaaludes)
• Mecloqualone
• Methylphenidate (Ritalin, Focalin, Focalin XR)
• Psilocin
• Psilocybin
• Some Barbiturates (barbiturate hypnotics which are indicated for the short-term treatment of insomnia and are intermediate acting [half-life range of 8-48 hours], includes: pentobarbital, secobarbital, and amobarbital)

Schedule IV

• Anabolic Steroids
• Benzodiazepines (Except Flunitrazepam (Rohypnol))
• Most Barbiturates (including those which are used as general anesthetics and those which are indicated for the treatment of seizure disorders, anxiety disorders, and are ultra-short to short acting or long acting or those of which are considered to be mild hypnotics, includes: phenobarbital, barbital, sodium thiopental, butalbital, mephobarbital, and others)
• Cathine
• Others

Schedule V

• Propylhexedrine

Schedule VI (Precursors)

Class A

• 1,4-Butanediol
• 1-Phenyl-2-propanone
• Ephedrine (easily reduced into methamphetamine) Now legalized in doses under 25 mg.
• Isosafrole (used in making MDMA)
• Lysergic acid
• Potassium permanganate
• Pseudoephedrine (easily reduced into methamphetamine)
• Red Phosphorus
• White Phosphorus

Class B.

• Acetone
• Ethyl Ether
• Hydrochloric acid
• Methyl ethyl ketone
• Sulfuric acid
• Toluene

Schedule VII

• 3kg Hashish
• 3kg Cannabis

Schedule VIII

• 1g Hashish
• 30g Cannabis

Laws

Possession

If treated as an indictable offence, the penalty is:

Schedule I: Maximum 7 years imprisonment
Schedule II (exceeding amounts set in Schedule VIII): Maximum 5 years imprisonment
Schedule III: Maximum 3 years imprisonment
Schedule IV: It is not an offence to possess a Schedule IV substance for personal use; however, Subsection (2) of Section (4) of the CDSA states that "no person shall seek or obtain a substance or authorization from a practitioner to obtain a substance in schedules I through IV." Subsection (7) then states that it is an indictable offence to contravene subsection (2). Therefore, it is an indictable offence to attempt to acquire a Schedule IV substance but not an offence for possession. Section 5 provides that possession for the purpose of trafficking of a Schedule IV substance is an offence.

If treated as a summary conviction offence, the penalty is:

Maximum $1000 fine for first offence and/or maximum 6 months imprisonment.
Maximum $2000 fine for subsequent offence and/or maximum 1 year imprisonment.

Note: For amounts not exceeding those set in Schedule VIII, maximum fine of $1000 and/or maximum 6 months imprisonment is the only punishment.

Trafficking/Possession for the Purpose of

If tried as an indictable offence, the defendant is liable to:

Schedule I or Schedule II (exceeding amounts set in Schedule VII): Maximum life imprisonment
Schedule II (not exceeding amounts set in Schedule VII): Maximum 5 years imprisonment
Schedule III: Maximum 10 years imprisonment
Schedule IV: Maximum 3 years imprisonment

Or, if tried as a summary conviction, the defendant is liable to:

Schedule III: Maximum 18 months imprisonment
Schedule IV: Maximum 1 year imprisonment

Exportation/Possession for the Purpose of

If tried as an indictable offence, the defendant is liable to:

Schedule I or Schedule II: Maximum life imprisonment
Schedule III or Schedule IV: Maximum 10 years imprisonment
Schedule V or Schedule VI: Maximum 3 years imprisonment

Or, if tried as a summary conviction, the defendant is liable to:

Schedule III or Schedule IV: Maximum 18 months imprisonment
Schedule V or Schedule VI: Maximum 1 year imprisonment

Production

If tried as an indictable offence, the defendant is liable to:

Schedule I or Schedule II (excluding cannabis): Maximum life imprisonment
Cannabis: Maximum 7 years imprisonment
Schedule III: Maximum 10 years imprisonment
Schedule IV: Maximum 3 years imprisonment

Or, if tried as a summary conviction, the defendant is liable to:

Schedule III: Maximum 18 months imprisonment
Schedule IV: Maximum 1 year imprisonment

Amendments to the act

In November 2007, the Justice Minister Rob Nicholson introduced Bill C-26, which proposed a number of mandatory minimum penalties imposed on those who commit drug offenses. On February 27, 2009 bill C-15, a re-introduction of C-26 received first reading in the 2nd Session of the 40th Parliament of Canada.^[1]

References

1. ^ "Bill C-15: An Act to amend the Controlled Drugs and Substances Act and to make related and consequential amendments to other Acts". http://www2.parl.gc.ca/Sites/LOP/LEGISINFO/index.asp?Language=E&Chamber=N&StartList=A&EndList=Z&Session=22&Type=0&Scope=I&query=5739&List=stat. 

• Controlled Drugs and Substances Act.
• Controlled Drugs and Substances Act The schedules of the Act, with the chemical name and structure of each substance. Correlates the drugs and substances of the Act with those named in the UK Misuse of Drugs Act 1971, the United States Controlled Substances Act and three United Nations treaties, the Single Convention on Narcotic Drugs, the Convention on Psychotropic Substances and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances