Drug Offences

S=Summary H=Hybrid I=Indictable

Offence descriptionControlled Drugs and Substances Act SectionS/H/IMinimum penaltyDischarge availableMaximum/Penalty (S)Maximum/Penalty (I)
Possession of marijuana (up to 30 gms.) or hashish (up to 1 gm.)4(1)S yes6 mos./
$1,000 fine
 
Possession of marijuana or hashish4(1)H yes6 mos./
$1,000
1st offence;
1 yr./
$2,000
subsequent
offence
5 yrs.
less a day
Possession of cocaine or heroin4(1)H yes6 mos./
$1,000
1st offence;
1 yr./
$2,000
subsequent
offence
7 yrs.
Possession of amphetamines, LSD, mescaline, or psilocybin4(1)H yes6 mos./
$1,000
1st offence;
1 yr./
$2,000
subsequent
offence
3 yrs.
Trafficking in marijuana or hashish or possession for the purpose of trafficking (up to 3 kgs.)5I yes 5 yrs.
less a day
Trafficking in marijuana or hashish or possession for the purpose of trafficking (over 3 kgs.)5I1 yr. if you commit the offence (a) for a criminal organization; (b) use or threaten violence in its commission (c) carry, use or threaten to use a weapon in its commission, or (d) within the previous 10 years, you were convicted of a designated substance offence*; 2 yrs. if you commit the offence (a) in or near a school or any other public place usually frequented by minors (b) at a prison, or (c) with the assistance or involvement of a minor  life
imprisonment
Trafficking in cocaine or heroin or possession for the purpose of trafficking5Isame minimums as noted above  life
imprisonment
Trafficking in amphetamines, LSD, mescaline, or psilocybin or possession for the purpose of trafficking5H yes18 mos./
$5,000 fine
10 yrs.
Trafficking in barbituates or anabolic steroids or possession for the purpose of trafficking5H yes1 yr./
$5,000 fine
3 yrs.
Importing, exporting marijuana or hashish, or up to one kg. of heroin or cocaine6I1 yr. if you commit the offence (a) for trafficking; (b) you abuse a position of trust or authority while committing the offence, or (c) you have access to an area that is restricted to authorized persons and use that access to commit the offence  life
imprisonment
Importing, exporting heroin or cocaine (more than one kg.)6I2 yrs.  life
imprisonment
Importing, exporting amphetamines, LSD, mescaline, or psilocybin6H yes18 mos./
$5,000 fine
10 yrs.
Cultivation of marijuana7I(i) 6 mos. if there are between 6-200 plants and the production is for trafficking;
(ii) 9 mos. for between 6-200 plants, the production is for trafficking and any of the following apply: (a)
you use real property that belongs to a third party to commit the offence; (b) the production could endanger the security,
health or safety of minors at or close to the offence location, (c) the production constitutes a potential public safety hazard in a residential area,
or (d) you set or place a trap, device or other thing that is likely to cause death or bodily harm to another person in or close to the offence location,
or permit such a trap, device or other thing to remain or be placed in that location or area
(iii) 1 yr. for between 201-500 plants;
(iv) 18 months for between 201-500 plants and any of the factors (a through d, in italics, above) apply;
(v) 2 yrs. for more than 500 plants, or (vi) 3 yrs. for more than 500 plants if any of the factors (a through d, in italics, above) apply
no longer available (since November 6, 2012)** 14 yrs.**
Production of hashish7I1 yr. if the production is for trafficking; 18 months if the production is
for trafficking and any of the four factors (a through d, in italics) noted above under cultivation of marijuana apply
  life
imprisonment
Production of cocaine or heroin7I2 yrs.; 3 yrs. if any of the four factors (a through d, in italics) noted above under cultivation of marijuana apply  life
imprisonment
Production of amphetamines, LSD, mescaline, or psilocybin7H yes18 mos./
$5,000 fine
10 yrs.
Production of barbituates or anabolic steroids7H yes1 yr./
$5,000 fine
3 yrs.

*A designated drug offence includes trafficking, possession for the purpose of trafficking, importing, exporting, production, or conspiracy or attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, any of these offences. It does not include simple possession.
**A discharge is no longer available because the maximum jail penalty is now 14 yrs., up from seven. The change flows from the Harper government’s omnibus Safe Streets and Communities Act. The same day this change took effect, Washington and Colorado both voted in favour of removing criminal penalties for the possession and sale of recreational marijuana.

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