Canadian Criminal Sentencing/Offences/Drug Trafficking (Schedule III)
| Drug Trafficking (Sch. III) | |
|---|---|
| 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. | Discharge Suspended Sentence |
| Maximum | 18 months jail |
| Indictable Dispositions | |
| Avail. Disp. | Discharge Suspended Sentence |
| Maximum | 10 years jail |
| References | |
| Offence Elements Sentence Principles Sentence Digests | |
| Related Offences | |
| Trafficking (Sch. I), (Sch. II), (Sch. IV) | |
Legislation
[edit | edit source]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)
...
- (b) 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...
...
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
[edit | edit source]- For principles on Drug Offences Generally, see Drug Offences
Schedule III: Amphetamines, Hallucinogens, etc.
[edit | edit source]Offenders found trafficking in a Schedule III controlled substance (e.g. Amphetamines and hallucinogens) are liable for either an indictable offense with a maximum penalty of 10 years in jail or summary offense with a maximum penalty of 18 months in jail.
See Also
[edit | edit source]- Canadian Criminal Sentencing/Offences/Offences by Penalty
- Canadian Criminal Law/Appendix/CDSA Schedules