Canadian Criminal Sentencing/Offences/Drug Trafficking (Schedule IV)

Drug Trafficking (Sch. IV)
Section 5 of the Controlled Drugs and Substances Act
Election / Plea
Election	Hybrid
Jurisdiction	Prov. Court SC Judge + PI (indict.) SC Jury + PI (indict.)
Summary Dispositions
Avail. Disp. (Summ.)	Discharge Suspended Sentence Fine Fine + Probation Jail Jail + Probation (s. 731(1)(b)) Jail + Fine Conditional Sentence
Minimum	N/A
Maximum	1 year jail
Indictable Dispositions
Avail. Disp.	Discharge Suspended Sentence Fine Fine + Probation Jail Jail + Probation (s. 731(1)(b)) Jail + Fine Conditional Sentence
Minimum	N/A
Maximum	3 years jail
References
Offence Elements Sentence Principles Sentence Digests
Related Offences
Trafficking (Sch. I), (Sch. II), (Sch. III)

Legislation

Trafficking in substance
5. (1) No person shall traffic in a substance included in Schedule I, II, III or IV or in any substance represented or held out by that person to be such a substance.
(2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III or IV.
Punishment
(3) Every person who contravenes subsection (1) or (2)
...<brP>

(c) where the subject-matter of the offence is a substance included in Schedule IV,

(i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years, or

(ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.

...
Interpretation
(5) For the purposes of applying subsection (3) or (4) in respect of an offence under subsection (1), a reference to a substance included in Schedule I, II, III or IV includes a reference to any substance represented or held out to be a substance included in that Schedule.
...

– CDSA

Application

For principles on Drug Offences Generally, see Drug Offences

Schedule IV: Barbiturates, Steroids, etc.

Offenders found trafficking in a Schedule IV controlled substance (e.g. Barbiturates and steroids) are liable for either a indictable offence with a maximum penalty of 3 years in jail or summary offence with a maximum penalty of 12 months in jail.

See Also

• Canadian Criminal Sentencing/Offences/Offences by Penalty
• Canadian Criminal Law/Appendix/CDSA Schedules