Canadian Criminal Sentencing/Offences/Drug Possession

Drug Possession
Section 4 of the Controlled Drugs and Substances Act
Election / Plea
Election	Summary (<1g R or 10g M) Hybrid
Jurisdiction	Prov. Court SC Judge + PI (Indict.) SC Jury + PI (Indict.)
Summary Dispositions
Avail. Disp.	Discharge Suspended Sentence Fine Fine + Probation Jail Jail + Probation (s. 731(1)(b)) Jail + Fine Conditional Sentence
Maximum	varies
Indictable Dispositions
Avail. Disp.	Discharge Suspended Sentence Fine Fine + Probation Jail Jail + Probation (s. 731(1)(b)) Jail + Fine Conditional Sentence
Maximum	varies
References
Offence Elements Sentence Principles Sentence Digests

Legislation

Possession of substance
4. (1) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III.
Obtaining substance
(2) No person shall seek or obtain

(a) a substance included in Schedule I, II, III or IV, or

(b) an authorization to obtain a substance included in Schedule I, II, III or IV

from a practitioner, unless the person discloses to the practitioner particulars relating to the acquisition by the person of every substance in those Schedules, and of every authorization to obtain such substances, from any other practitioner within the preceding thirty days.
Punishment
(3) Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule I

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding seven years; or

(b) is guilty of an offence punishable on summary conviction and liable

(i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and

(ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

Punishment
(4) Subject to subsection (5), every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule II

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years less a day; or

(b) is guilty of an offence punishable on summary conviction and liable

(i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and

(ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

Punishment
(5) Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule II in an amount that does not exceed the amount set out for that substance in Schedule VIII is guilty of an offence punishable on summary conviction and liable to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both.
Punishment
(6) Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule III

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

(b) is guilty of an offence punishable on summary conviction and liable

(i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and

(ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

Punishment
(7) Every person who contravenes subsection (2)

(a) is guilty of an indictable offence and liable

(i) to imprisonment for a term not exceeding seven years, where the subject-matter of the offence is a substance included in Schedule I,

(ii) to imprisonment for a term not exceeding five years less a day, where the subject-matter of the offence is a substance included in Schedule II,

(iii) to imprisonment for a term not exceeding three years, where the subject-matter of the offence is a substance included in Schedule III, or

(iv) to imprisonment for a term not exceeding eighteen months, where the subject-matter of the offence is a substance included in Schedule IV; or

(b) is guilty of an offence punishable on summary conviction and liable

(i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and

(ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

Determination of amount
(8) For the purposes of subsection (5) and Schedule VIII, the amount of the substance means the entire amount of any mixture or substance, or the whole of any plant, that contains a detectable amount of the substance.

– CDSA

Application

Schedule I: Heroin, Cocaine, etc.

Heroin
Heroin is considered amongst the most dangerous drugs. It is treated very serious and will often attract the toughest penalties.

Cocaine

Schedule II: Marijuana, Hash, etc.

First time offenders will typically get discharges or fines. Probation can be given where the background of the offender suggests that a rehabilitation is in order.

Where there is a prior related record there can be short jail sentences given.

Ancillary Orders

• DNA Order
• Weapons Prohibition

See Also

• CDSA Schedules