The Charges

It is an offence to import into Canada, or export out of Canada, any of the items listed in Schedules I, II, III, IV, V, or VI of the Controlled Drugs and Substances Act. Some of the most common items in those Schedules are as follows: 

  • Schedule I:   Codeine, OxyContin, morphine, heroin, and cocaine
  • Schedule II: Cannabis marihuana and cannabis resin (hashish) and any other derivatives
  • Schedule III: psilocybin (the active ingredient in “magic mushrooms”), and LSD
  • Schedule IV: Barbiturates, the most common of which include Amytal, clonazepam, diazepram, Nembutal, and anabolic steroids
  • Schedule V: Any derivatives of propylhexedrine
  • Schedule VI: Substances commonly used in the production of other drugs: Lysergic acid; norephedrine; ephedrine; potassium permanganate; acetone; red phosphorous; pseudoephedrine; white phosphorous; toluene

“Importing” means to bring into the country, or cause it to be brought into the country.

An accused does not have to have personally brought the items into Canada before being convicted of this charge.

This charge requires the Crown to prove that you actually knew, or were deliberately blind, to the presence of the drugs.

Production of a controlled substance

It is a crime to produce any of the substances included in Schedule I, II, III, or IV of the CDSA.

To “produce” means to obtain a substance by any process or method, and includes:

  • Synthesizing, manufacturing, or using any method in order to alter the physical or chemical qualities of a substance; or
  • Harvesting, cultivating, or growing the substance or any living organism that the substance can be derived or extracted from.

Sentence

Due to the large quantities of alleged controlled substances usually involved, and the seriousness of these charges, the potential sanctions are high.

Exporting/Importing

  • For Schedule I or II substances, the maximum period of jail possible is LIFE.
  • For Schedule III or VI substances, the maximum jail sentence is 10 years.
  • For Schedule IV or V substances, the max sentence is 3 years in jail.

You also face a minimum punishment of you commit any of the above offences for the purpose of trafficking or breach a position of trust or authority, or if the substance is in schedule I and in an amount more than 1 kilogram.

Production

For Schedule I substances, the maximum period of jail possible is LIFE. You can received a minimum of 3 years of you produce a schedule I substance in excess of a certain amount.

For Schedule II substances, the maximum period of jail possible is LIFE. You may also be exposed to a minimum of between 1 and 3 years, depending factors including the specific substance, the amount or number of plants produced, and whether your operation created a health, safety, or security hazard in the community.

  • You can received a minimum of 3 years of you produce a schedule I substance in excess of a certain amount
  • For a Schedule III substance, you face a maximum penalty of 10 years.
  • Schedule IV production carries a maximum of 3 years in jail.