Controlled Substances and Precursors

To Whom Does This Apply?

"Controlled substance" means a substance included in Schedule I, II, III, IV or V of the Controlled Drugs and Substances Act (CDSA).

"Precursor" means a substance included in Schedule VI of the CDSA.

Eligible Area

The CDSA is of federal jurisdiction; therefore it applies to all provinces and territories within Canada.

Summary

The CDSA is an act respecting the control of certain drugs, their precursors and other substances classified as controlled. The Act prohibits the import/export, production, distribution, and in some cases, possession of substances included in the Schedules unless authorized by the Regulations.

The Narcotic Control Regulations apply to narcotics, defined as "any substance set out in the schedule or anything that contains any substance set out in the schedule" of Regulations. Regulations specify the requirements for the following:

• the issuing of licences for the import, export, sale, manufacture, production or distribution of narcotics, and for the cultivation of cannabis;
• the form, duration, terms and conditions of licensing;
• the requirements for prescriptions for products containing narcotics; and
• the record keeping by physicians, dentists, veterinarians, pharmacists and licensed dealers.

The Food and Drug Regulations (Parts G and J) outline similar regulations for controlled and restricted drugs respectively.

The Benzodiazepines and Other Targeted Substances Regulations specify the requirements for the similar type of activities with regards to benzodiazepines, their salts and derivatives and other targeted substances mentioned in Schedules 1 and 2 of the Regulations.

The Precursor Control Regulations provide controls on the import, export, production and distribution of precursor chemicals. The intent of the Regulations is to control and monitor precursors, while at the same time avoid undue restrictions on their legitimate trade. The main components of the regulations include:

• for Class A precursors (any substance set out in Part 1 of Schedule VI to the CDSA and any preparation or mixture referred to in Part 3 of Schedule VI to the Act that contains a substance from Part 1 of Schedule VI to the CDSA) there is a licence and permit requirement for import, export as well as a licence requirement for production and distribution;
• for Class B precursors (any substance set out in Part 2 of Schedule VI to the CDSA and any preparation or mixture referred to in Part 3 of Schedule VI to the Act that contains a substance from Part 2 of Schedule VI to the CDSA) there is a registration requirement for import, export and production for sale, as well as a permit requirement for export to specific countries;
• there is no fee for a Class A precursor license or Class B registration.

The Marihuana Medical Access Regulations deal with the authorization to possess, licence to produce and supply of marihuana for medical use to seriously ill patients who have the support of a physician.

The Industrial Hemp Regulations apply to:

• the importation, exportation and possession of industrial hemp;
• the production, sale, provision, transport, sending or delivering of industrial hemp; and
• the offer to do anything mentioned in the production, sale, provision, transport, sending or delivery of industrial hemp.

The Qualifications for Designations as Analysts Regulations specify the qualifications necessary to be designated as analysts pursuant to Section 44 of the CDSA.

Regulations Exempting Certain Precursors and Controlled Substances for the Application of the Controlled Drugs and Substances Act list the precursors and controlled susbstances that are exempt from the application of the CDSA.

The Controlled Drugs and Substances Act (Police Enforcement) Regulations exempt members of police forces from sections of the CDSA for the purpose of performing their duties.

Licences and Permits

Any person wishing to manufacture, import, export, give, transport, send, deliver or distribute a narcotic must be a licensed dealer unless otherwise authorised in the Regulations or exempted under section 56 of the CDSA. The fee for a license is $1750 (there is a possibility to apply for a fee reduction if some criteria are met). An application for a controlled substance licence can be obtained from the national contact listed below. A licensed dealer wanting to import or export a controlled substance must also obtain a permit. An application for an import and export permit can be obtained from the national contact listed below. There is no fee for the issuance of an import or export permit.  Applications should be submitted to the Office of Controlled Substances.

Note: The CDSA came into force on May 14, 1997. At the same time, the Narcotic Control Act was repealed.

DISCLAIMER
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, the users are invited to contact their lawyer. For additional information, see contact(s) listed below.

Manitoba Contact(s):
See National Contact.