Drug Offences
S=Summary H=Hybrid I=Indictable
| Offence description | Controlled Drugs and Substances Act Section | S/H/I | Minimum penalty | Discharge available | Maximum/Penalty (S) | Maximum/Penalty (I) |
|---|---|---|---|---|---|---|
| Possession of cocaine or heroin (Schedule I drugs) | 4(1) | H | yes | 6 mos./$1,0001st offence;1 yr./$2,000subsequentoffence | 7 yrs. | |
| Possession of amphetamines, LSD, mescaline, or psilocybin (Schedule III drugs) | 4(1) | H | yes | 6 mos./$1,0001st offence;1 yr./$2,000subsequentoffence | 3 yrs. | |
| Trafficking in cocaine or heroin or possession for the purpose of trafficking | 5 | I | 1 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 | lifeimprisonment | ||
| Trafficking in amphetamines, LSD, mescaline, or psilocybin or possession for the purpose of trafficking | 5 | H | yes | 18 mos./$5,000 fine | 10 yrs. | |
| Trafficking in barbituates, diazepam, lorazepam or anabolic steroids (Schedule IV drugs) or possession for the purpose of trafficking | 5 | H | yes | 1 yr./$5,000 fine | 3 yrs. | |
| Importing, exporting up to one kg. of heroin or cocaine | 6 | I | 1 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 | lifeimprisonment | ||
| Importing, exporting heroin or cocaine (more than one kg.) | 6 | I | 2 yrs. | lifeimprisonment | ||
| Importing, exporting amphetamines, LSD, mescaline, or psilocybin | 6 | H | yes | 18 mos./$5,000 fine | 10 yrs. | |
| Production of cocaine or heroin | 7 | I | 2 yrs.; 3 yrs. if (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 |
lifeimprisonment | ||
| Production of amphetamines, LSD, mescaline, or psilocybin | 7 | H | yes | 18 mos./$5,000 fine | 10 yrs. | |
| Production of barbituates, diazepam, lorazepam or anabolic steroids | 7 | H | yes | 1 yr./$5,000 fine | 3 yrs. |
* A designated drug offence includes trafficking, possession for the purpose of trafficking, importing, exporting, production, or conspiracy to 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.
