Drug Law

 THE BASICS
Controlled drugs and substances are governed in Canada by the Controlled Drugs and Substances Act, or the CDSA. The CDSA is federal legislation. It is enforceable anywhere in Canada. It is based on eight schedules. These schedules contain lists of controlled drugs and substances sorted by levels of danger. A controlled substance is any substance listed in schedules 1 to 5.

Schedule I contains the most dangerous drugs including heroin and cocaine.
Schedule II contains cannabis (marihuana) and its derivatives.
Schedule III contains the more dangerous drugs such as amphetamines and lysergic acid diethylamide (LSD).
Schedule IV contains drugs, such a barbiturates, which are dangerous but have therapeutic uses.
Schedule V and VI contain precursors required to produce controlled substances.
Schedules VII and VIII contain amounts of cannabis and cannabis resin required for charge and sentencing purposes.

COMMON OFFENSES

Possession
Having in possession means having in personal possession, having in possession or custody of another person or having in any place for their use or benefit. If one person of a group has something in their possession, with the knowledge and consent of other members of the group, every member of the group is deemed to have possession.

Section 4(1) of the CDSA prohibits anyone from possessing any substance in Schedules I, II or III. There are certain people, such as researchers and police officers, who are permitted to possess these substances under certain circumstances. The sentence for possession of a controlled substance depends on the schedule to which the substance belongs and the amount of the substance. The maximum sentence for simple possession is seven years.

Double-Doctoring
Double-Doctoring is seeking or obtaining, or seeking or obtaining authorization to obtain any substance in Schedules I, II, III or IV from a practitioner without disclosing the particulars relating to the acquisition or authorization to obtain such substances from any other practitioner within the past 30 days.

In practical terms, this means obtaining, or attempting to obtain, drugs or prescriptions from more than one doctor. Section 4(2) of the CDSA prohibits double-doctoring. The sentence depends on the schedule to which the substance belongs and ranges to a maximum of seven years.

Trafficking
Traffic means to sell, administer, give, transfer, transport, send or deliver. Section 5(1) of the CDSA prohibits trafficking in substances in Schedules I, II, III or IV, or any substances represented or held out to be such a substance. Section 5(2) of the CDSA prohibits possession of substances in Schedules I, II, III or IV for the purpose of trafficking.