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.

On March 12, 2012, controversial Bill C-10, the Safe Streets and Communities Act was passed into law. Amphetamines and their isomers, derivatives, and analogues, including MDA and MDMA (Ecstasy), as well as potential "date rape drugs" Rohypnol and GHB were rescheduled from Schedule III to Schedule I. Dealers of Schedule I drugs now face mandatory minimum sentencing of 1 year imprisonment. Also, the rescheduling imposes harsher punishment for possession

Schedule I

• Amidone
• Methamphetamine
• DOM
• Ampromides
• Amphetamines, their salts, derivatives, isomers and analogues (Adderall, Adderall XR, Vyvanse, Dexedrine)
• Benzazocines, excluding Cyclazocine
• Benzimidazoles
• Coca and derivatives (including Coca leaves, Cocaine, Ecgonine)
• Codeine when not in a medication containing at least two other active ingredients.
• Fentanyls
• Flunitrazepam (Rohypnol)
• GHB
• Heroin
• Ketamine
• MDA
• MDMA (Ecstasy)
• Methadols
• Moramides
• Morphinans (Buprenorphine, Levomethorphan, etc.)
  • Excluding Dextromethorphan (DXM), Dextrorphan, etc.
• Opium poppy derivatives (Opium, Heroin, Oxycodone, Hydromorphone, etc.)
  • With some exceptions, such as poppy seeds, Narcotine, and others.
• Phenalkoxams
• (Proheptazine)
  • Excluding Ethoheptazine, Metethoheptazine, Methoheptazine
• PCP
• Phenylpiperidines
• Piritramide
• Thiambutenes
• Tiletamine
• Tilidine
• Bathsalt

Schedule II

Cannabis, its preparations, derivatives and similar synthetic preparations, including

• Cannabidiol (2–[3–methyl–6–(1–methylethenyl)–2–cyclohexen–1–yl]–5–pentyl–1,3–benzenediol)
• Cannabinol (3–n–amyl–6,6,9–trimethyl–6–dibenzopyran–1–ol)
• Nabilone ((±)–trans–3–(1,1–dimethylheptyl)–6,6a, 7,8,10,10a–hexahydro–1–hydroxy–6,6–dimethyl–9H–dibenzo[b,d]pyran–9–one)
• Pyrahexyl (3–n–hexyl–6,6,9–trimethyl–7,8,9, 10–tetrahydro–6–dibenzopyran–1–ol)
• Tetrahydrocannabinol (tetrahydro–6,6,9–trimethyl–3–pentyl–6H–dibenzo[b,d]pyran–1–ol)
• 3-(1,2-dimethylheptyl)-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran-1-ol (DMHP)

but not including

• Non–viable Cannabis seed, with the exception of its derivatives
• Mature Cannabis stalks that do not include leaves, flowers, seeds or branches; and fiber derived from such stalks

Schedule III

• Cathinone
• DET
• DMT
• Harmaline
• LSD, but not LSA
• Mescaline, but not Peyote (lophophora)
• Methcathinone
• Methaqualone (Quaaludes)
• Mecloqualone
• Methylphenidate (Ritalin, Focalin, Focalin XR, Concerta)
• Psilocin
• Psilocybin
• Some Barbiturates (barbiturate hypnotics indicated for short-term treatment of insomnia that are intermediate acting [half-life range of 8–48 hours], include: pentobarbital, secobarbital, and amobarbital).
• Vicodin (hydrocodone/acetaminophen).

Schedule IV

• Anabolic steroids
• Benzodiazepines (e.g. triazolam, alprazolam (Xanax), diazepam (Valium)), except flunitrazepam (Rohypnol)
• Most barbiturates, including those used as general anesthetics and those indicated for seizure disorders and anxiety disorders are ultra-short to short acting, or long-acting, or those considered to be mild hypnotics. These include: phenobarbital, barbital, sodium thiopental, butalbital, and mephobarbital.
• Cathine
• Others

Schedule V

• Propylhexedrine

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: (Requires a prescription or license to legally possess.) 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

• Mandatory minimum 1 year jail sentence for trafficking a Schedule I drug under 1 kg, 2 years if amount exceeds 2 kg

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. On June 9, 2009, the House of Commons passed Bill C-15, and it is now awaiting study and approval by the Senate. On December 14, 2009, the Senate passed Bill C-15, with some amendments, for approval by the House of Commons. When the Canadian Parliament dissolved in a prorogation on January 31, 2010, Bill C15, along with all legislation on the table, fell. However it will be reintroduced when parliament resumes with a new session in March. In the official press release they explain "...We will reintroduce in their original form the consumer safety law (Bill C-6) and the anti-drug-crime law (Bill C-15).... We will seek Opposition agreement to proceed expeditiously with other Government legislation -- particularly laws urgently needed to fight crime...."

The current session of parliament passed Bill C-10 early in 2012, receiving Royal Assent in March. The final legislation sees changes made to four areas of the CDSA, outlining mandatory minimum sentences for offences relating to the trafficking and production of various controlled substances. Mandatory minimum sentencing does not apply to simple possession and trafficking in smaller amounts.

References

http://www.parl.gc.ca/LegisInfo/BillDetails.aspx?Language=E&Mode=1&billId=5120829&View=0

External links

• 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
• Amendments to the Controlled Drugs and Substances Act [Bill C-10, Part 2, Clauses 32-33, 39-48 and 50-51 (Former Bill S-10)]