Canadian Criminal Sentencing/Offences/Drug Production

Drug Production
Section 7 of the Controlled Drugs and Substances Act
Election / Plea
Election	Hybrid (Sch. III, IV) Indictable (I, II)
Jurisdiction	Prov. Court SC Judge + PI (Indict.) SC Jury + PI (Indict.)
Dispositions
Avail. Disp. (Summ.)	Discharge Suspended Sentence Fine Fine + Probation Jail Jail + Probation (s. 731(1)(b)) Jail + Fine Conditional Sentence
Minimum (Summ.)	N/A
Maximum (Summ.)	18 months jail (Sch. III) 1 year jail (Sch. IV)
Avail. Disp. (Indict.)	Discharge Suspended Sentence Fine Fine + Probation Jail Jail + Probation (s. 731(1)(b)) Jail + Fine Conditional Sentence
Minimum (Indict.)	N/A
Maximum (Indict.)	life in jail (Sch. I, II except M) 7 years jail (Sch. I M) 10 years jail 3 years jail (Sch. IV)
References
Offence Elements Sentence Principles Sentence Digests

Legislation

Production of substance
7. (1) Except as authorized under the regulations, no person shall produce a substance included in Schedule I, II, III or IV.
Punishment
(2) Every person who contravenes subsection (1)

(a) where the subject-matter of the offence is a substance included in Schedule I or II, other than cannabis (marihuana), is guilty of an indictable offence and liable to imprisonment for life;

(b) where the subject-matter of the offence is cannabis (marihuana), is guilty of an indictable offence and liable to imprisonment for a term not exceeding seven years;

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

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

(ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months; and

(d) 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.

– CDSA

At a date not yet set, s.752(2) will be changed to read:

(a) if the subject matter of the offence is a substance included in Schedule I, is guilty of an indictable offence and liable to imprisonment for life and to a minimum punishment of imprisonment for a term of three years if any of the factors set out in subsection (3) apply and for a term of two years in any other case;

(a.1) if the subject matter of the offence is a substance included in Schedule II, other than cannabis (marijuana), is guilty of an indictable offence and liable to imprisonment for life, and to a minimum punishment of imprisonment

(i) for a term of one year if the production is for the purpose of trafficking, or

(ii) for a term of 18 months if the production is for the purpose of trafficking and any of the factors set out in subsection (3) apply;

(b) if the subject matter of the offence is cannabis (marijuana), is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years, and to a minimum punishment of

(i) imprisonment for a term of six months if the number of plants produced is less than 201 and more than five, and the production is for the purpose of trafficking,

(ii) imprisonment for a term of nine months if the number of plants produced is less than 201 and more than five, the production is for the purpose of trafficking and any of the factors set out in subsection (3) apply,

(iii) imprisonment for a term of one year if the number of plants produced is more than 200 and less than 501,

(iv) imprisonment for a term of 18 months if the number of plants produced is more than 200 and less than 501 and any of the factors set out in subsection (3) apply,

(v) imprisonment for a term of two years if the number of plants produced is more than 500, or

(vi) imprisonment for a term of three years if the number of plants produced is more than 500 and any of the factors set out in subsection (3) apply;

Factors
(3) The following factors must be taken into account in applying paragraphs (2)(a) to (b):

(a) the person used real property that belongs to a third party in committing the offence;

(b) the production constituted a potential security, health or safety hazard to persons under the age of 18 years who were in the location where the offence was committed or in the immediate area;

(c) the production constituted a potential public safety hazard in a residential area; or

(d) the person set or placed a trap, device or other thing that is likely to cause death or bodily harm to another person in the location where the offence was committed or in the immediate area, or permitted such a trap, device or other thing to remain or be placed in that location or area.

Notice
8. The court is not required to impose a minimum punishment unless it is satisfied that the offender, before entering a plea, was notified of the possible imposition of a minimum punishment for the offence in question and of the Attorney General’s intention to prove any factors in relation to the offence that would lead to the imposition of a minimum punishment.

Principles

Non-commercial operations are considered the least serious manifestations of this offence.

Factors

• size of the enterprise
• level of sophistication
• evidence of fortification
• presence of weapons
• presence of children
• threats to health and safety
• theft of utilities
• degree of participation (crop-sitter, worker or owner)
• intended use of drugs (personal vs commercial)

Ancillary Orders

• 109(1)(c) Weapons Prohibition (Mandatory)
• 462.37(1) Proceeds of Crime Forfeiture
• DNA Order