Canada's Drug Strategy - Straight Facts About Drugs and Drug Abuse
Controlled Drugs and Substances Act
The importation, production,
distribution and possession of
various drugs and substances in
Canada are governed primarily
by the provisions of the
Controlled Drugs and
Substances Act (CDSA), which
replaced the Narcotic Control
Act and Parts III and IV of the
Food and Drugs Act on May 14,
1997. Some provisions of this
legislation will not apply to
certain drugs and substances
until regulations, to be made on
the recommendation of the
Minister of Health, are enacted.
Consequently, the legal status
sections of the charts in this
publication describe both those
provisions that are currently in
force, as well as those (shown
in light italics) which will come
into force when regulations are
enacted. Legal status
information concerning the
various substances described is
intended solely to provide
general guidance and should not
be taken to be a complete
statement or interpretation of
the law.
The CDSA prohibits the
importation, exportation,
production, sale, provision and
possession of a wide variety of
controlled drugs and substances
except where permitted by
regulations. Controlled drugs
and substances for medical
treatment may be legally
obtained only with a
prescription from a licensed
medical practitioner (including
dental and veterinary
practitioners). A prescribed
drug may, of course, be legally
possessed and used only by the
person for whom it was
prescribed. A conviction for
trafficking, or unlawful
possession, export, import, trade
or production of a drug can
result in imprisonment, a fine
or, in some cases, both.
Not all offences under the
CDSA result in a criminal
record upon conviction.
Offences under the CDSA
which are summary conviction
only offences do not normally
result in a criminal record
(criminal record refers to a
conviction entered in a register
maintained by the RCMP, and
known as the Canadian Police
Information Centre [CPIC]). For
example, the offence of simple
possession of 30g or less of
cannabis (marihuana/marijuana)
or 1g or less of cannabis resin
(hashish) is a summary
conviction only offence and
does not normally result in a
criminal record. However,
simple possession of more than
30g of cannabis or 1g of
cannabis resin is an example of
a dual offence under CDSA and
may be either a summary
conviction or indictable offence,
and upon conviction will result
in a criminal record. Offences
which are indictable offences
only, such as possession of
cannabis for the purposes of
trafficking or trafficking will
also result in a criminal record
upon conviction. Those
convicted of a summary offence
resulting in a criminal record
may apply for a pardon three
years after conviction, while
those convicted of an indictable
offence may apply for a pardon
five years after conviction.
It is also an offence under the
CDSA for a person to seek or
obtain a controlled substance
from a practitioner without
disclosing to that practitioner all
other controlled substances
obtained by that person from
other practitioners within the
previous thirty days. The
maximum punishment for this
offence upon indictment is
seven years, five years less a
day, three years and eighteen
months, respectively. For a first
offence upon summary
conviction, the maximum
punishment is a fine of up to
$1,000 and up to six months
imprisonment, and for a
subsequent offence, a fine of up
to $2,000 and up to one year
imprisonment.
Sentencing
Judges have considerable
discretion in sentencing
offenders under the CDSA.
Sentences may take into
account aggravating factors
such as selling drugs to
children, using or involving
children under 18 years in the
commission of the offence or
selling drugs in or near schools
or school grounds, or other
public places where youth
frequent.
Drug Paraphernalia Laws
Section 462.2 of the Criminal
Code of Canada addresses drug
paraphernalia. Under this
section, it is a summary
conviction offence to import,
export, manufacture, promote or
sell instruments or literature for
illicit drug use. However, in
1994, a lower court in Ontario
ruled that this prohibition in
relation to "drug literature" was
unconstitutional. This ruling
does not apply to any other
province/territory or to drug
instruments.
Sale of Alcohol and Tobacco
Sale and use of tobacco and
alcohol is subject to both
federal and provincial/territorial
legislation, e.g., sale to minors,
use in public places.
Impaired Driving
As well, the Criminal Code of
Canada contains offences
related to driving while
impaired by alcohol or other
drugs. Provinces/territories have
also enacted legislation to
address impaired driving.
Diversion to Treatment
Some legislation allows for
diversion of persons from the
criminal justice system to
treatment (alternative
measures). This legislative
reform will enhance the
expanding collaboration that is
occurring across Canada
between the police/justice
system and the health/social
service system. Diversion to
treatment also recognizes the
reality of overcrowded courts
and the limitations of
enforcement, and builds on the
trends in community policing
and collaboration in addressing
community problems such as
drug abuse. Many
provinces/territories also
require those convicted of
impaired driving offences to
attend substance abuse
education and/or treatment
programs.
International Conventions
Canada has also ratified a
number of international
conventions to control drugs.
These include: the 1961 Single
Convention on Narcotic Drugs,
as amended by the 1972
Protocol; the 1971 Convention
on Psychotropic Substances;
and the 1988 Convention
Against Illicit Traffic in
Narcotic Drugs and
Psychotropic Substances.
Banned and Restricted Performance-Enhancing Sport Drugs
Sports regulatory bodies, both
in Canada and internationally,
have banned the use of many
drugs.
|
