Drug Offences

Drug offences are covered in the Controlled Drugs and Substances Act. Drug law is a complex area often involving informants, search warrants, and expert analysis and testimony. Due to the recent enactment of Bill C-10, penalties for drugs offences have changed and many offences are now subject to mandatory minimum sentences. In the CDSA offences and penalties differ according to what “Schedule” the particular drug is found under. The most common drugs found within each schedule are listed below.

Schedule I Substances Include:

Opium poppy, its preparations, derivatives and salts, including: Opium, codeine, morphine, thebaine, acetorphine, benzylmorphine, codoximine, etc.

Coca, its preparations, derivatives and salts, including:Coca leaves, cocaine, ecgonine

Methamphetamine, it’s salts, derivatives, isomers and analogues and salts of isomers & analogues

Amphetamines, their salts, derivatives, isomers and analogues and salts of isomers & analogues

The following and their intermediates, derivatives, salts and salts of derivatives: Phenylpiperidines, phenazepines, amidones, methadols, phenalkozams, thiambutenes, moramides, morphinans, benzazocines, phencyclidine, piritramide, fentanyls, and tilidin*

Schedule II Substances Include:

Cannabis, its preparations, derivatives and similar synthetic preparations, including: Cannabis resin, cannabis (marijuana), cannabidiol, nabilone, pyrahexyl, tetrahydrocannabinol

But NOT including: non-viable cannabis seed, with the exception of its derivatives; mature cannabis stalks that do not include leves, flowers, seeds or branches and fibre derived from such stalks.*

Schedule III Substances Include:

Amphetamines, their salts, derivatives, isomers and analogues and salts of the derivatives, isomers, and analogues as listed, but NOT including methamphetamine.

The following substances and any salt thereof: Methylphenidate; methaqualone; mecloqualone; lysergic acid diethlamide (LSD); N,N-Diethyltryptamine (DET); N,N-Dimethyltryptamine (DMT); N-Methyl-3-piperidyl benzilate; Harmaline; Harmalol; Psilocin; Psilocybin; N-(1-phenylcyclohexyl) ethylamine (PCE); 1-[1-(2-Thienyl)cyclohexyl]piperidine; Rolicyclidine; mescaline; 4-methylaminorex; cathinone; fenetylline; 2-methylamino-1-phenyl-1-propanone; 1–[1–(Phenylmethyl)cyclohexyl] piperidine; 1–[1–(4–Methylphenyl)cyclohexyl] piperidine; 4–bromo–2,5–dimethoxybenzeneethanamine; Flunitrazepam; 4-hydroxybutanoic acid (GHB); Aminorex; Etryptamine; Lefetamine; Mesocarb; Zipeprol; Amineptine; Benzylpiperazine; Trifluoromethylphenylpiperazine [TFMPP]*

Schedule IV Substances Include:

The following substances, their salts and derivates: Barbituates, thiobarbituates, chlorophentermine, diethylpropion, phendiemtrazine, phenmetrazine, pipradol, phentermine, butorphanol, nalbuphine, gluethimide, clotiazepam, ethchlorvynol, ethinamate, mazindol, meprobamate, methyprylon, benzodiazepines (but not including clozapine, flunitrazepam, or olanzapine), Catha edulis forsk, fencamfamin, fenproporex, mefenorex, anabolic steroids, zeranol, zolpidem, 1 pemoline, and pyrovalerone.*

*For a complete listing of all included and excluded substances, please see the CDSA at http://laws-lois.justice.gc.ca/eng/acts/C-38.8/FullText.html

SIMPLE POSSESSION S. 4(1) CDSA

Simple possession is an offence that deals with possessing a substance listed in Schedule I, II, or III. For marijuana or cannabis resin, s. 4(1) applies if the amount of marijuana is 30 g or less or the amount of resin is 1 g or less. Simple possession can be proven when the accused had knowledge and control of the drug.

If you are found in possession of a low-quantity of a drug (i.e. less than 8 g of marijuana) and it is your first offence, you may qualify for the Alternative Measures Program (AMP). If you successfully participate in AMP, usually by completing some community service hours or attending drug treatment or counseling sessions, the charges against you will be withdrawn and you will not receive a criminal record.

If you are found guilty of s. 4(1) CDSA charge the Crown may have the option of choosing to proceed by summary or indictment. Their choice determines what the maximum penalties you can face are.

STRAIGHTFORWARD, DOWN-TO-EARTH, NO-NONSENSE ADVICE

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We’re here to help. We are happy to provide you with a free, no-obligation consultation where we can explain your options and help you understand the criminal charges you are facing. If you would like to speak to one of our lawyers, please contact us.

Sound legal representation is the only way to achieve successful results when facing serious criminal charges. Pringle, Chivers, Sparks, Teskey offers experienced criminal lawyers who can provide you with expert advice and counsel so that your rights are protected.

300-10150 100 Street NW Edmonton,

Alberta, T5J 0P6

Drug Offences

Schedule I Substances Include:

Schedule II Substances Include:

Schedule III Substances Include:

Schedule IV Substances Include:

SIMPLE POSSESSION S. 4(1) CDSA

STRAIGHTFORWARD, DOWN-TO-EARTH, NO-NONSENSE ADVICE

Pringle Chivers Sparks Teskey

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