Canadian Criminal Law/Offences/Drug Offences/Print version

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Contents

Contents[edit]

Drug Offences[edit]

Possession[edit]

Introduction[edit]

There are three types of possession:[1]

  • personal / actual possession
  • constructive possession
  • joint possession

Possession can be proven through both direct or circumstantial evidence.[2]

These forms of possession are outlined in s.4 of the Criminal Code.

Possession
4. (3) For the purposes of this Act,

(a) a person has anything in possession when he has it in his personal possession or knowingly
(i) has it in the actual possession or custody of another person, or
(ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and
(b) where one of two or more persons, with the knowledge and consent of the rest, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them.

CCC

Possession under s. 2 the Controlled Drugs and Substances Act adopts the same definition as the Criminal Code:

Definitions
2. (1) In this Act,
...
“possession”
“possession” means possession within the meaning of subsection 4(3) of the Criminal Code;


CCC

At common law, possession requires control[3] as well as knowledge[4].

Likewise, the statutory requirements of s.4(3), require that the totality of evidence establish beyond a reasonable doubt that the accused had knowledge and control.[5]


  1. R v. Anderson [1995] 29 W.C.B. (2d) 357 (B.C.C.A)
  2. Warner v. Metropolitan Police Commissioner (1968), 52 Cr. App. R. 373 (H.L.)
  3. R v Terrance 1982 1 SCR 357
  4. R v Kocsis 2001 157 CCC 3d 564 (ONCA)
  5. R. v. Anderson (1995), 67 B.C.A.C. 311>
    R. v. Fisher, 2005 BCCA 444


Interpretation of Possession[edit]

Actual/Personal Possession[edit]

“Personal possession” requires that “the accused must be aware that he or she has physical custody of the thing in question, and must be aware as well of what that thing is. Both elements must co-exist with an act of control (outside of public duty)”[1] Thus, actual/Personal possession requires that:[2]

  1. there be an actual physical custody of the object
  2. a knowledge of the nature of the object while with custody.[3]


Constructive Possession[edit]

Constructive possession requires the following:[4]

  1. knowledge of the item
  2. intent/consent to have possession of the item
  3. control over the item

The crown must prove knowledge extending beyond "quiescent knowledge" that discloses some degree of control of the item[5]

Possession can still be established even if it considered the property of some third party.[6]

Constructive possession of drugs found in a suite or house can be established where the accused is shown to have control over a property searched and knowledge that the items were in the place.[7] Even where the accused did not have exclusive control over the place, he can still be found in joint possession of the items.[8]

  1. R. v. Beaver, 1957 CanLII 14 (SCC), [1957] S.C.R. 531 at pp. 541-42
    R. v. Morelli, 2010 SCC 8 (CanLII), 2010 SCC 8, [2010] 1 S.C.R. 253 at para. 16
  2. R. v. Franks (G.G.), [2003] S.J. No. 455; 238 Sask.R. 1; 305 W.A.C. 1 (C.A.)
  3. R. v. Beaver (1957), 118 C.C.C. 129 (S.C.C.)1957 CanLII 14
  4. R v Kocsis, 2001 CanLII 3593 (ONCA), (2001), 157 C.C.C. (3d) 564
  5. R. v. Pham 2005 CanLII 44671 (ON CA), (2005), 36 C.R. (6th) 200 (affirmed by the Supreme Court of Canada, 2006 SCC 26 (CanLII), [2006] 1 S.C.R. 940)
  6. R v Pham
  7. R. v. Basarowich (C.J.), 2010 MBQB 4 (CanLII), 2010 MBQB 4, 249 Man.R. (2d) 64 at para. 10
  8. R v Basarowich, para. 11

Joint Possession[edit]

Joint possession amounts to a form of possession wherein multiple people can be deemed to be in possession or custody of the object. To establish joint possession there must be:

  1. knowledge of the object,
  2. consent of the accused,
  3. and a degree of control over it[1]

Innocent Possession[edit]

There is some suggestion that where the sole intent at all times of possession is to destroy or removing the accused's control over the contraband is not criminal.[2]


  1. R. v. Terrence [1983] 1 SCR 357 [1];
    R. v. Williams, 1998 CanLII 2557 (ON C.A.) [2];
    R. v. Pham 2005 CanLII 44671, (2005), O.R. (3d) 401, 203 C.C.C. (3d) 326 (Ont.C.A.) at paras. 15-17 [3];
    R. v. Bjornson, 2009 BCSC 1780 at para. 18 [4];
    R. v. Quach, 2008 SKPC 62 [5]
    R. v. Franks, [2003] S.J. No. 455
    Re Chambers and The Queen, 1985 CanLII 169 (ON C.A.) [6]
  2. R. v. Glushek (1978), 41 C.C.C. (2d) 380 (Alta. S.C. App. Div.)
    R. v. Christie (1978), 41 C.C.C. (2d) 282 (N.B. S.C. App. Div.)
    R. v. York 2005 BCCA 74 (CanLII), (2005), 193 C.C.C. (3d) 331 (B.C.C.A.)
    See also R. v. Loukas, [2006] O.J. No. 2405 (Ont. C.J.)

Elements[edit]

Proof of possession cannot be established by looking at the evidence individually, but rather the court must look at the evidence as a whole.[1]

The onus remains on the crown throughout. Even where the evidence "cries out for an explanation by the accused", it will simply create an evidential onus or even create a prima facie case, however, it will not require the accused to testify or prohibit from arguing that the crown failed to prove the element.[2]

  1. R. v. Brar (G.), 2008 MBQB 133 (CanLII), 2008 MBQB 133, 234 Man.R. (2d) 1 at para. 37, 38
  2. R v Brar, 2008 MBQB 133 at para. 38

Knowledge[edit]

There cannot be possession without knowledge of the nature of the object.[1] Knowledge requires that an accused have knowledge of “the criminal character of the item in issue”[2] It must be proven beyond mere “quiescent knowledge” that disclosed some degree of control over the items in question.[3]

Knowledge can be established by circumstantial evidence.[4] It can also be established by direct or circumstantial evidence, or a combination of both.[5]

However, it will often depend on the visibility of the object as well as the accused's connection with the location.[6]

For example, where drugs are found in a vehicle or house the courts consider the control the accused had over the location as well as the likelihood of the accused being aware of where the items were found.[7]

Occupancy does not automatically infer knowledge of the items within the dwelling.[8]

  1. R. v. Beaver (1957), 118 C.C.C. 129 (S.C.C.) and
    R. v. Martin (1948), 92 C.C.C. 257 at p.266 (Ont. C.A.)
  2. R. v. Chalk 2007 ONCA 815 at para. 18
  3. R. v. Traimany 2011 MBQB 15 at 34
  4. R. v. Sparling, [1988] O.J. No. 107 (Ont. H.C.) at p. 6 :
    "There is no direct evidence of the applicant’s knowledge of the presence of narcotics in the residence. It is not essential that there be such evidence for as with any other issue of fact in a criminal proceeding, it may be established by circumstantial evidence. In combination, the finding of narcotics in plain view in the common areas of the residence, the presence of a scale in a bedroom apparently occupied by the applicant, and; the applicants apparent occupation of the premises may serve to found an inference of the requisite knowledge"
  5. R. v. Pham, 2005 CanLII 44671 (ON CA), at para. 18
  6. R. v. Grey, 1996 CanLII 35 (ON C.A.)
  7. R. v. Gordon, 2011 ONSC 5650 - acquittal - drugs found in vent of car
  8. R. v. Grey 1996 CanLII 35 (ON CA), (1996), 28 O.R. (3d) 417 (Ont. C.A.), per Laskin J.A. at p. 423 (“I would not prescribe a firm rule for inferring knowledge from occupancy”)

Consent and Intent[edit]

The element of consent to possess an object requires that the accused consent to the object remaining in place after he or she has knowledge of its existence. This is not limited to those who approve of the custody of the drugs. A person who discovers drugs and spends time maintaining custody of it while considering what to do with it may be found to consent to possessing it.[1]


  1. R. v. Christie (1978), 41 C.C.C.(2d) 282 (N.B.C.A.) -- woman held onto discovered drugs in car for 1 hour

Control[edit]

The element of control over the object is established by showing that the accused had an intention to exercise control. Where the person is shown to have control over the area where the object is stored, they can be found to exercise control over the object itself.[1]

It is not necessary that the accused actually examine or look at the item to be in possession of it. [2]

Control requires that the Crown "prove is that an accused had the ability to exercise some power (i.e., some measure of control) over the item in issue. It is not necessary for the Crown to prove that such power was in fact exercised."[3]

A trier-of-fact may conclude that "someone living in premises in which marihuana plants or other illegal drugs are openly located is in a position to exercise some measure of control over those drugs."[4]

  1. R. v. Marshall, [1969] 3 C.C.C. (3d) 149 (Alta. C.A.) -- acquitted of drug possession as he had no control over drugs in vehicle he was in See also:R. v. Pham (K.T.), [2005] O.J. No. 5127; 204 O.A.C. 299 (C.A.)
  2. R. v. Daniels 2004 NLCA 73 (CanLII), (2004), 191 C.C.C. (3d) 393 at para. 12 (Nfld. C.A.)
  3. R v Wu, 2010 BCCA 589 - three adults lived in a house with a grow-op on the upper floor. No evidence of active involvement in grow-op.
  4. Wu

Specific scenarios[edit]

Items found in a Vehicle[edit]

There are differing lines of cases on whether finding of an item within a motor vehicle owned and operated by an accused is prima facie proof of possession by the accused. [1]

"[M]ere passive acquiescence in the transportation of the drugs" is not sufficient [2]

A sole occupant and driver in close proximity to drugs in plain view allows the inference of knowledge and control. (R v Mulligan-Brum, 2011 BCCA 410 at para 13)

The Crown must prove the accused knew of the presence of the drug in the vehicle and that that he had a measure of control over it.[3]

However, "where one of two persons has opium in his custody or possession, another who knows that fact, even though he has no measure of control over it, but nevertheless co‑operates with the person who has such custody in an effort to prevent detection" that person has possession. [4]

  1. Gallant v The Queen (1960), 128 CCC 129 (NB SCAD) per Ritchie J.A. at p 131 - presumption exists
    c.f. R. v. Lincoln, 2012 ONCA 542 - no presumption
    R. v. Watson, 2011 ONCA 437 (CanLII), at paras. 11-13
  2. R. v. Williams 1998 CanLII 2557 (ON CA), (1998), 125 C.C.C. (3d) 552 (Ont. C.A.), at page 558
  3. R. v. Grey, [1996] O.J. No. 1106 (C.A.), at para. 15
  4. In R. v. Lou Hay Hung (1946), 85 C.C.C. 308 (Ont. C.A.)

Items Found in a Residence[edit]

Generally, personal papers are to be found in a location where a person has access and control. It is a valid inference to infer that where documents such as “income tax forms, invoices, cancelled cheques, leases, insurance papers and the like” are found in a residence that the person identified in the documents is an occupant with “a significant level of control”.[1]

Mere presence in a residence and knowledge of the presence of contraband in the room or residence is not sufficient to establish possession, evidence must show control.[2]

  1. R v Emes 2001 CanLII 3973 (ONCA) at 8
    R v Basarowich, 2010 MBQB 4 at para. 26
  2. R. v. Colvin and Gladue (1942), 78 C.C.C. 282 (B.C.C.A.) both accused persons were found visiting a premise where narcotics were present, found not in possession of the drugs
    R. v. Edwards, 2012 ONCJ 422 at para 23

Other[edit]

Knowledge may be inferred from physical possession of a receptacle containing concealed contraband, however, it cannot create a presumption.[1]

A passenger may be in possession of a stolen car. It depends on the number of factors suggesting knowledge and control. Suggested factors include:[2]

  1. recency of theft
  2. driver fled once there was a collision
  3. actions, demeanour and utterances of passenger suggesting knowledge and control
  4. fleeing from the car with the driver and attempt to dispose of evidence
  5. the passengers ability to see the damage to the ignition from starting without a key
  1. R. v. Lincoln, 2012 ONCA 542 (CanLII), at paras. 2-3
  2. R. v. T.A.K., 2005 BCCA 293 (CanLII)

See Also[edit]

Proof of Controlled Substance[edit]

Proof of Substance[edit]

The usual way of proving the nature of the substance is by a Certificate of Analysis. Under s. 51(1) of the CDSA, the certificate is presumed proof of the nature of the substance.

The Defence must get "reasonable notice" of the Certificate of Analysis. Reasonableness depends on the complexity of the case, amount of time passed, client's access to counsel, and the degree of prejudice created by the possibly late notice. The Crown must prove that notice was provided with notice of a "true and accurate" copy of the notice.

The Defence can ask for leave to have the Analyst brought into court for examination.

See also[edit]

Trafficking[edit]

General Principles[edit]

Section 2 of the Controlled Drugs and Substances Act states:

Definitions
2. (1) In this Act,

...

“traffic” means, in respect of a substance included in any of Schedules I to IV,

(a) to sell, administer, give, transfer, transport, send or deliver the substance,
(b) to sell an authorization to obtain the substance, or
(c) to offer to do anything mentioned in paragraph (a) or (b), otherwise than under the authority of the regulations.

CDSA

Offer to Sell[edit]

Trafficking by offer under s. 2(2)(c) only requires that the crown prove an intent to make the offer. It is not necessary to prove that the accused had an intent to follow through with the offer.[1] As such, there is no need to prove that the accused had drugs on themselves at the time or was capable of fulfilling the request.[2]

  1. R v Mamchur, [1978] 3 WWR 481 (SKCA) at p. 483
    R v Jones, (1988) 74 Sask R. 4 (SKCA) at 10
    R. v. Campbell, 1999 CanLII 676 (SCC), [1999] 1 S.C.R. 565 at 25
    R. v. Murdock 2003 CanLII 4306 (ON CA), (2003), 176 C.C.C. (3d) 232 at 14
    R v Crain, 2012 SKCA 8
  2. e.g. R. v. Petrie, [1947] O.W.N. 601 (C.A.) -- drugs offered weren’t available;
    R. v. Murdock, supra -- offer was withdrawn
    R. v. Sherman, [1977] 5 W.W.R. 283 (B.C.C.A.) -- offer was made for purpose of ripping buyer off
    R. v. Reid 1996 CanLII 5213, (1996), 155 N.S.R. (2d) 368 (NSCA) -- no evidence that drugs were even available to seller
    R. v. Brown (1953), 9 W.W.R. (N.S.) 701 (B.C.C.A.) -- drugs not on the seller

Opinion Evidence on Trafficking[edit]

To prove that someone was in possession of a controlled substance for the purpose of trafficking, the Crown must call expert evidence to given an opinion that the circumstances allow for the inference that the possessor intended to traffick.

See also: Canadian Criminal Evidence/Opinion/Expert Evidence for details on the law of expert evidence.

Evidence of Intent[edit]

Amount of drugs
Trafficking can be inferred where the quantity/purity/value of drugs is high.[1]

Where an accused is a user of drugs, there may be evidence suggestive that the drugs found in their possession may be consistent with personal use as opposed to trafficking. The amounts required to maintain the addiction and the habits of typical users are relevant. Either party is permitted to lead evidence concerning typical use, however, this usually takes the form of expert evidence.[2]

The amount of drugs alone cannot be used to establish trafficking.[3]

Marijuana amounts in the range of 3 pounds have been found to be unreasonable to be considered consumable for personal use. [4]

Money
Large quantities of unexplained wealth can allow a judge to lead to the conclusion of trafficking. This is particularly true where cash is in small denominations and is found near drugs.[5]

Packaging
Where packaging is found this may allow a judge to infer an intent to traffick. Packaging in numerous quantities, such as numerous small baggies, can create such an inference. [6]

  1. R. v. Le, 2001 BCCA 658
    R. v. Adelberg, 2001 BCCA 637
    R. v. L'Huillier, 1997 CanLII 9606 (NB Q.B.)
    R. v. Falahatchian, 1995 CanLII 941 (ON C.A.)
    R. v. Naugler, 1994 ABCA 110
  2. R. v. Petavel, 2006 BCSC 1931
  3. R. v. McCallum 2006 SKQB 287 (CanLII), (2006), 281 Sask.R. 272 at 28
    R. v. Mehari, 2009 ABPC 217 at 7
  4. R. v. Brophy (W.) (1971), 3 N.B.R.(2d) 594 (CA)
  5. R. v. Alberts, 1999 CanLII 2246 (ON C.A.)
    R. v. Le, 2001 BCCA 694
  6. R. v. Scott, 2003 CanLII 27446 (ON S.C.)
    R. v. Kwok, 2002 BCCA 177
    R. v. Petavel, 2006 BCSC 1931

Dial-a-Dope operations[edit]

A Dial-a-Dope operation is the manner in which drugs are often distributed to their customers. The seller and buyer will contact each other by phone and arrange to make an exchange at a pre-determined location.

The Crown will often adduce evidence to argue that the evidence suggests that such an operation was undertaken. This is determined by expert opinion of the evidence suggestive of such an operation.

Several cases have considered the methods of a dial-a-dope operation.[1]

  1. R. v. Franklyn, 2001 BCSC 706
    R. v. Tran, 2007 BCCA 613
    R. v. Tetreault, 2008 BCSC 412 -- Acquitted

See Also[edit]

Proof of Offences[edit]

Drug Possession[edit]

Drug Possession
Section 4 of the Controlled Drugs and Substances Act
Election / Plea
Election Summary (<1g R or 10g M)
Hybrid
Jurisdiction Prov. Court
SC Judge + PI (Indict.)
SC Jury + PI (Indict.)
Summary Dispositions
Avail. Disp. Discharge

Suspended Sentence
Fine
Fine + Probation
Jail
Jail + Probation (s. 731(1)(b))
Jail + Fine

Conditional Sentence
Maximum varies
Indictable Dispositions
Avail. Disp. Discharge

Suspended Sentence
Fine
Fine + Probation
Jail
Jail + Probation (s. 731(1)(b))
Jail + Fine

Conditional Sentence
Maximum varies
References
Offence Elements
Sentence Principles
Sentence Digests

This concerns possession of drugs for personal use. For charges related to possession for the purpose of trafficking, see Drug Trafficking.

Legislation[edit]

Possession of substance
4. (1) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III.

Obtaining substance
(2) No person shall seek or obtain

(a) a substance included in Schedule I, II, III or IV, or
(b) an authorization to obtain a substance included in Schedule I, II, III or IV from a practitioner, unless the person discloses to the practitioner particulars relating to the acquisition by the person of every substance in those Schedules, and of every authorization to obtain such substances, from any other practitioner within the preceding thirty days.

CDSA

Elements of Offence[edit]

  1. identity of accused
  2. date and time of incident
  3. jurisdiction (incl. region and province)
  4. Possession of Substance (Knowledge, consent, control)
  5. Substance is a Control Substance under the CDSA (certificate of analysis, chain of possession, amounts found)
  6. Possession of Substance was not authorized

Interpretation[edit]

As part of the proof of possession, the accused must have knowledge of the narcotic substance.[1] It is not necessary however to be aware of the exact type of drug, rather only be aware that it is illegal.[2]

  1. R v Blondin (1970) 2 CCC (2d) 118 (BCCA)
  2. R v Burgess, [1970] 3 CCC 268 (ONCA)

Defences[edit]

  • De Minimus

Relevant Trial Motions[edit]

  • Exclusion of public from court (s. 486)

Drug Trafficking[edit]

Drug Trafficking
Section 5 of the Controlled Drugs and Substances Act
Election / Plea
Election Hybrid/Indictable (varies)
Jurisdiction Prov. Court
SC Judge + PI(indict.)
SC Jury + PI (indict.)
Summary Dispositions
Avail. Disp. varies on Schedule
Minimum varies on Schedule
Maximum varies on Schedule
Indictable Dispositions
Avail. Disp. (Indict.) varies on Schedule
Minimum (Indict.) varies on Schedule
Maximum (Indict.) varies on Schedule
References
Offence Elements
Sentencing Principles
Sentence Digests

Legislation[edit]

Trafficking in substance
5. (1) No person shall traffic in a substance included in Schedule I, II, III or IV or in any substance represented or held out by that person to be such a substance.

Possession for purpose of trafficking
(2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III or IV.

CDSA

Proving the Offence[edit]

Possession for the Purpose of Trafficking[1]
Along with the essential elements of time and date, identity and jurisdiction, the Crown must prove the elements of:

  1. Possession of Substance (Knowledge, consent, control)
    1. must have knowledge of the illegal nature of the substance
  2. Substance is a Control Substance under the CDSA (certificate of analysis, chain of possession, amounts found)
  3. the accused knew of (or held a belief as to) the nature of the substance
  4. Possession of Substance was not authorized
  5. The accused intended to traffick the Substance

Trafficking
Along with the essential elements of time and date, identity and jurisdiction, the Crown must prove the elements of:

  1. Accused was trafficking in a substance
  2. the substance was Schedule I to V Controlled Substance

Sources:

  1. R. v. Chan, 2003 CanLII 52165 (ON CA), (2003), 18 C.R. (6th) 322 at 30 to 32

Interpretation[edit]

Typical Motions and Orders[edit]

Typical Defences[edit]

See Also[edit]

Drug Production[edit]

Drug Production
Section 7 of the Controlled Drugs and Substances Act
Election / Plea
Election Hybrid (Sch. III, IV)
Indictable (I, II)
Jurisdiction Prov. Court
SC Judge + PI (Indict.)
SC Jury + PI (Indict.)
Dispositions
Avail. Disp. (Summ.) Discharge

Suspended Sentence
Fine
Fine + Probation
Jail
Jail + Probation (s. 731(1)(b))
Jail + Fine

Conditional Sentence
Minimum (Summ.) N/A
Maximum (Summ.) 18 months jail (Sch. III)
1 year jail (Sch. IV)
Avail. Disp. (Indict.) Discharge

Suspended Sentence
Fine
Fine + Probation
Jail
Jail + Probation (s. 731(1)(b))
Jail + Fine

Conditional Sentence
Minimum (Indict.) N/A
Maximum (Indict.) life in jail (Sch. I, II except M)
7 years jail (Sch. I M)
10 years jail
3 years jail (Sch. IV)
References
Offence Elements
Sentence Principles
Sentence Digests


Legislation[edit]

Production of substance
7. (1) Except as authorized under the regulations, no person shall produce a substance included in Schedule I, II, III or IV.
...


CDSA

Interpretation[edit]

Production defined[edit]

Definitions
2. (1) In this Act,
...
“produce” means, in respect of a substance included in any of Schedules I to IV, to obtain the substance by any method or process including

(a) manufacturing, synthesizing or using any means of altering the chemical or physical properties of the substance, or
(b) cultivating, propagating or harvesting the substance or any living thing from which the substance may be extracted or otherwise obtained, and includes offer to produce;


...


CDSA


Sentencing[edit]

Purpose of Sentencing for Drug Offences[edit]

Drug offences have added purpose as stated in section 10 of the Controlled Drugs and Substances Act:

Purpose of sentencing
10. (1) Without restricting the generality of the Criminal Code, the fundamental purpose of any sentence for an offence under this Part is to contribute to the respect for the law and the maintenance of a just, peaceful and safe society while encouraging rehabilitation, and treatment in appropriate circumstances, of offenders and acknowledging the harm done to victims and to the community.

CDSA

General Factors[edit]

Under the Controlled Drugs and Substances Act, there are further factors that should be considered:

s. 10

...

Circumstances to take into consideration
(2) If a person is convicted of a designated substance offence, the court imposing sentence on the person shall consider any relevant aggravating factors including that the person

(a) in relation to the commission of the offence,
(i) carried, used or threatened to use a weapon,
(ii) used or threatened to use violence,[1]
(iii) trafficked in a substance included in Schedule I, II, III or IV or possessed such a substance for the purpose of trafficking, in or near a school, on or near school grounds or in or near any other public place usually frequented by persons under the age of eighteen years, or
(iv) trafficked in a substance included in Schedule I, II, III or IV, or possessed such a substance for the purpose of trafficking, to a person under the age of eighteen years;

(b) was previously convicted of a designated substance offence; or

(c) used the services of a person under the age of eighteen years to commit, or involved such a person in the commission of, a designated substance offence.

Reasons
(3) If, under subsection (1), the court is satisfied of the existence of one or more of the aggravating factors enumerated in paragraphs (2)(a) to (c), but decides not to sentence the person to imprisonment, the court shall give reasons for that decision.

CDSA

Section 10(3) suggests that where aggravating factors are found under s.10(2) that there should be a jail sentence unless there are reasons not to do so.

  1. see also Dobbin [2009] N.J. No. 348

General Principles and Factors for Trafficking[edit]

Some courts distinguish between levels gravity for trafficking. There is (1) social sharing; (2) petty retail operation; (3) full-time commercial operation.[1]

Where the offender is not addict then he is not deserving of sympathy in committing the offence for the support of a habit as part of a disease.[2]

Denunciation and deterrence are the paramount focus in commerical trafficking.[3]

Court make some distinction between commercial and social trafficking.[4] The difference is considered an aggravating factor in sentence and so must be proven beyond a reasonable doubt. The factors of proof include the use of street lingo, cell phones, amount of drugs, method obtained, and method of dealing.[5]

Other factors include:

  • the offender’s level in the drug hierarchy
  • amount and value of the drug
  • number of transactions
  • prior related record
  • trafficking on impulse
  • planned and deliberate trafficking
  • social trafficking (sharing drugs with friends) vs commercial trafficking
  • trafficking in other types of drugs at the same time
  1. R. v. Fifield (1978) 25 NSR (2d) 407
  2. R v Williams [2010] OJ No 2971 at 20
    R. v. Woolcock, [2002] O.J. No. 4927 (C.A.) at para. 5
    R. v. Mandolino, [2001] O.J. No. 289 (C.A.) at para. 1
    R. v. Belenky, 2010 ABCA 98, at para. 3
    R. v. Lau 2004 ABCA 408 (CanLII), (2004), 193 C.C.C. (3d) 51 (Alta. C.A.) at para. 33
    R. v. Nguyen, 2001 BCCA 624, at para. 7
  3. R. v. Bui, [2004] O.J. No. 3452 (C.A.) at para. 2
    R v Woolcock, [2002] OJ No 4927 at para. 17
    R v Nguyen, 2001 BCCA 624 at para. 14
  4. see e.g. R. v. Salame, 1999 ABCA 318 at para. 3
  5. e.g. see R. v. Murray, 2012 ABPC 123

Drug Possession[edit]

Drug Possession
Section 4 of the Controlled Drugs and Substances Act
Election / Plea
Election Summary (<1g R or 10g M)
Hybrid
Jurisdiction Prov. Court
SC Judge + PI (Indict.)
SC Jury + PI (Indict.)
Summary Dispositions
Avail. Disp. Discharge

Suspended Sentence
Fine
Fine + Probation
Jail
Jail + Probation (s. 731(1)(b))
Jail + Fine

Conditional Sentence
Maximum varies
Indictable Dispositions
Avail. Disp. Discharge

Suspended Sentence
Fine
Fine + Probation
Jail
Jail + Probation (s. 731(1)(b))
Jail + Fine

Conditional Sentence
Maximum varies
References
Offence Elements
Sentence Principles
Sentence Digests

Legislation[edit]

Possession of substance
4. (1) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III.
Obtaining substance
(2) No person shall seek or obtain

(a) a substance included in Schedule I, II, III or IV, or
(b) an authorization to obtain a substance included in Schedule I, II, III or IV

from a practitioner, unless the person discloses to the practitioner particulars relating to the acquisition by the person of every substance in those Schedules, and of every authorization to obtain such substances, from any other practitioner within the preceding thirty days.
Punishment
(3) Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule I

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding seven years; or
(b) is guilty of an offence punishable on summary conviction and liable
(i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and
(ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

Punishment
(4) Subject to subsection (5), every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule II

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years less a day; or
(b) is guilty of an offence punishable on summary conviction and liable
(i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and
(ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

Punishment
(5) Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule II in an amount that does not exceed the amount set out for that substance in Schedule VIII is guilty of an offence punishable on summary conviction and liable to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both.
Punishment
(6) Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule III

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years; or
(b) is guilty of an offence punishable on summary conviction and liable
(i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and
(ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

Punishment
(7) Every person who contravenes subsection (2)

(a) is guilty of an indictable offence and liable
(i) to imprisonment for a term not exceeding seven years, where the subject-matter of the offence is a substance included in Schedule I,
(ii) to imprisonment for a term not exceeding five years less a day, where the subject-matter of the offence is a substance included in Schedule II,
(iii) to imprisonment for a term not exceeding three years, where the subject-matter of the offence is a substance included in Schedule III, or
(iv) to imprisonment for a term not exceeding eighteen months, where the subject-matter of the offence is a substance included in Schedule IV; or
(b) is guilty of an offence punishable on summary conviction and liable
(i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and
(ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

Determination of amount
(8) For the purposes of subsection (5) and Schedule VIII, the amount of the substance means the entire amount of any mixture or substance, or the whole of any plant, that contains a detectable amount of the substance.


CDSA

Application[edit]

Schedule I: Heroin, Cocaine, etc.[edit]

Heroin
Heroin is considered amongst the most dangerous drugs. It is treated very serious and will often attract the toughest penalties.

Cocaine

Schedule II: Marijuana, Hash, etc.[edit]

First time offenders will typically get discharges or fines. Probation can be given where the background of the offender suggests that a rehabilitation is in order.

Where there is a prior related record there can be short jail sentences given.

Schedule III: Amphetamines, Hallucinogens, etc.[edit]

Schedule IV: Barbiturates, Steroids, etc.[edit]

Ancillary Orders[edit]

  • DNA Order
  • Weapons Prohibition

See Also[edit]

Drug Trafficking (Schedule I)[edit]

Drug Trafficking (Sch. I)
Section 5 of the Controlled Drugs and Substances Act
Election / Plea
Election Indictable
Jurisdiction Prov. Court
SC Judge + PI
SC Jury + PI
Indictable Dispositions
Avail. Disp. Discharge

Suspended Sentence
Fine
Fine + Probation
Jail
Jail + Probation (s. 731(1)(b))
Jail + Fine

Conditional Sentence
Minimum N/A
Maximum life in jail
References
Offence Elements
Sentence Principles
Sentence Digests
Related Offences
Trafficking (Sch. II), (Sch. III), (Sch. IV)

Legislation[edit]

Trafficking in substance
5. (1) No person shall traffic in a substance included in Schedule I, II, III or IV or in any substance represented or held out by that person to be such a substance.

(2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III or IV.

Punishment
(3) Every person who contravenes subsection (1) or (2)

(a) subject to subsection (4), where the subject-matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life;

...

Punishment in respect of specified substance
(4) Every person who contravenes subsection (1) or (2), where the subject-matter of the offence is a substance included in Schedule II in an amount that does not exceed the amount set out for that substance in Schedule VII, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years less a day.

Interpretation
(5) For the purposes of applying subsection (3) or (4) in respect of an offence under subsection (1), a reference to a substance included in Schedule I, II, III or IV includes a reference to any substance represented or held out to be a substance included in that Schedule.

...

CDSA

Schedule I: Cocaine, Crack, Heroin, etc.[edit]

For principles on Drug Offences Generally, see Drug Offences

Principles[edit]

There is a distinction made in law between hard drugs (such as cocaine) and soft drugs (such as marijuana).[1]

The societal costs of drug abuse and trafficking are significant.[2] They include the effects on health care, lost productivity and financial loss due to enforcement.

Many courts have spoken to the societal harm of drug trafficking.[3] Trafficking and use of cocaine has a close connection with violent crime.[4]

Offenders found trafficking in a Schedule I controlled substance (e.g. Opiates) are liable for an indictable offence with a maximum penalty of life in jail.

Trafficking in cocaine is typically a jail sentence. This is particularly true in "dial-a-dope" schemes which are a form of commercial trafficking.[5]

The destructive nature of methamphetamines “mirror those of two other hard drugs, heroin and cocaine”.[6]

  1. R. v. Tuck, [2007[ O.J. No. 2626 (C.A.) at para. 2
    R. v. Wellington 1999 CanLII 3054 (ON CA), (1999), 132 C.C.C. (3d) 470 (Ont. C.A.) at 476
    R. v. Cunningham1996 CanLII 1311 (ON CA), (1996), 104 C.C.C. (3d) 542 (Ont. C.A.) at 547
  2. Pushpanathan v. Canada (Minister of Citizenship and Immigration), 1998 CanLII 778 (SCC), [1998] 1 S.C.R. 982, at pp. 1039-1040
  3. see R. v. Aitkens, 2004 BCCA 411 (CanLII), 2004 BCCA 411 at para. 7: "Drug trafficking has become a blight in our society"
    R. v. Beaudry 2000 ABCA 243 (CanLII), (2002), 37 C.R. (5th) 1 (Alta. C.A.) at para. 158 and 165 ("The damage to the community from trafficking in cocaine is substantial, and extends well beyond the offender and his prospective customers ... it contributes to a variety of other offences, with the potential for extremely serious health and economic consequences. Drug trafficking remains a serious problem in Canada.")
    R v Woolcock, [2002] OJ No 4927 at para. 8 (“There is no dispute that crack cocaine is an extremely dangerous and insidious drug with potential to cause a great deal of harm to individuals and to society.”)
    R. v. Johnson, [2010] B.C.J. No. 301 (C.A.) at para. 29 ("correctly took into account the serious effect that cocaine has on fellow citizens and [the offender's] role in spreading this 'disease'.")
  4. R. v. Hamilton 2004 CanLII 5549 (ON CA), (2004), 72 O.R. (3d) 1, at para. 104
  5. R. v. Sawatsky, 2007 ABCA 353
    R. v. Maskill, (1981), 29 A.R. 107, 58 C.C.C. (2nd) 408 at para. 20 and
    R. v. Rahime, 2001 ABCA 203
  6. R v Villanueva, 2007 ONCJ 87 at 27
    see also R. v. Nguyen, 2011 ONSC 6229 at 41 (“The danger of methamphetamine to human life is becoming uncontrovertibly clear.”)

Ranges[edit]

Sentencing ranges vary between provinces. In Nova Scotia, an appropriate sentence for trafficking of Schedule I substances will range will typically span from 3 to 5 years. As such, conditional sentences are rarely available.[1]

In Saskatchewan, the range is between 18 months to 4 years for trafficking.[2]

In Newfoundland, trafficking in small quantities of cocaine is a sentence in the range of 6 to 18 months.[3]

It is infrequent that it will go below two years[4] and so will virtually guarantee a federal sentence.[5] There is no fixed minimum, however. There is still significant discretion.[6]

However, it is not unreasonable in certain exceptional circumstances to have sentences below two years.[7] The starting point for commercial trafficking in cocaine in small quantities is three years for most provinces.[8]

The range of sentence for trafficking of cocaine in the amounts of 1 kg or more will typically see sentences in the range of 5 years.[9] Larger amounts upward of 3 kg will attract a range of 6 to 8 years.[10]

In Ontario, the range of sentencning for trafficking in small amounts of crack cocaine is 6 months to 2 years less a day.[11]

In Manitoba, there are several recognized levels of trafficking in cocaine:

  1. Low (street dealer): sentences typically start at less than two years and can range up to four years. [12]
  2. Low-Mid (mere courier): sentences for couriers can be between 3 to 6 years.[13]
  3. Mid (more than mere courier of large quantities): sentences typically range from 5 to 8 years if they are an insider, while couriers are in the range of 3 to 6 years.[14]
  4. High: (multi-kilogram trafficker): sentences typically range from 8 to 12 years[15]

Manitoba court has stated that the mid-level drug deal has a range of sentence between 7 to 8 years.[16] It has been further suggested that “a person who traffics in a sophisticated manner at a kilogram level should, absent significant mitigating factors, expect no less a penalty than 10 years' incarceration. It should not matter whether that drug is cocaine or methamphetamine.” [17]


  1. R. v. Knickle, 2009 NSCA 59
    R. v. Conway, 2009 NSCA 95
  2. R. v. Aube, 2009 SKCA 53 at para 19
    R v Shawile, 2012 SKCA 51
  3. R. v. Taylor, 2012 CanLII 1915 (NL SCTD) at para 12
  4. R. v. Dawe 2002 NSCA 147
  5. R. v. Jamieson, 2011 NSCA 122 at 38
  6. R. v. Ostertag, 2000 ABCA 232, 266 A.R. 57 at paras. 12-16
  7. R. v. Murphy (M.P.), 2011 MBCA 84
    R. v. Panko (D.), 148 Man.R. (2d) 138, 2000 MBCA 45
    R. v. Reid (B.A.C.) 1998 CanLII 17760 (MB CA), (1998), 131 Man.R. (2d) 153
    R. v. Champagne (D.A.), 2000 MBCA 66, 2000 MBCA 66, 148 Man.R. (2d) 104
  8. AB: R. v. Maskill, (1981), 29 A.R. 107, 58 C.C.C. (2d) 408 (C.A.);
    R. v. Rahime, 286 A.R. 377 at para. 26 2001 ABCA 203
    R. v. Marchesi, 460 A.R. 294 at para. 4 2009 ABCA 304
    R v Rainville, 2010 ABCA 288 at para 6
    R v Chung, 135 AR 351 (CA), 18 WCB (2d) 611
    NS: R. v. Knickle, 2009 NSCA 59
  9. R. v. Bajada 2003 CanLII 15687 (ON CA), (2003), 169 O.A.C. 226 (C.A.)at para. 13
  10. R. v. Oraha, 2012 ONSC 1439 at 31
  11. R v Woolcock [2002] OJ No 4927 at 15
    R v MAdeiros, [2001] OJ No 5664 (Ont. SCJ)
    R v Radassao, [1994] OJ No 1990 (ONCA)
  12. R v Gilchrist, 2004 MBCA 21
  13. R v Rocha, 2009 MBCA 26 at 61 to 64
  14. R v Rocha 2009 MBCA 26 at 61 to 64
  15. R v Oddleifson, 2010 MBCA 44
  16. R. v. Rocha, 2009 MBCA 26 at para. 64; R. v. Traimany, 2011 MBCA 104 at 3
  17. R v Grant, 2007 MBQB 13 at 73

Conditional Sentences[edit]

In Ontario and Newfoundland, the conditional sentence is available for trafficking in only rare cases.[1] Those who are involved in a “dial-a-dope” operation will generally be sentenced to incarceration.[2]

In Saskatchewan, conditional sentences are available for trafficking in hard drugs. The appropriateness of a conditional sentences depends on several factors:[3]

  1. the sophistication and significance of the offence and the accused's place in it;
  2. the type and quantity of drug;
  3. the motivation for the offence: those who traffic to support their own habit may be more likely to receive a restorative disposition than those who traffic for other reasons;
  4. the need for and the utility of the deterrence which will be provided by the sentence imposed;
  5. the factors relating to the community like the significance of the problem; and,
  6. the age, lack of record and other personal circumstances of the accused.


  1. R v Ly 1997 CanLII 2983 (ONCA) at 286 ("will be looked to only rarely in cases of drug trafficking")
    R. v. Brown 1997 CanLII 10869 (NL CA) at 155
  2. R. v. Sawatsky, 2007 ABCA 353 (CanLII), 2007 ABCA 353 at para. 4 ("We agree with the Crown that those who organize and manage "dial-a-dope" schemes to traffic in drugs, such as cocaine ... should usually be sentenced to terms of actual incarceration.")
  3. R v Pankewich, 2002 SKCA 7 at para. 49

See Also[edit]

Drug Trafficking (Schedule II)[edit]

Drug Trafficking (Sch. II)
Section 5 of the Controlled Drugs and Substances Act
Election / Plea
Election Summary (<1g R or 10g M)
Indictable (>1g R or 10g M)
Jurisdiction Prov. Court
SC Judge + PI (Indict.)
SC Jury + PI (Indict.)
Summary Dispositions
Avail. Disp. Discharge

Suspended Sentence
Fine
Fine + Probation
Jail
Jail + Probation (s. 731(1)(b))
Jail + Fine

Conditional Sentence
Minimum N/A
Maximum $1,000 or 6 months jail
Indictable Dispositions
Avail. Disp. (Indict.) Discharge

Suspended Sentence
Fine
Fine + Probation
Jail
Jail + Probation (s. 731(1)(b))
Jail + Fine

Conditional Sentence
Minimum N/A
Maximum life in jail (>3kg)
5 years less a day jail (< 3kg)
References
Offence Elements
Sentence Principles
Sentence Digests
Related Offences
Trafficking (Sch. I), (Sch. III), (Sch. IV)

Legislation[edit]

Trafficking in substance
5. (1) No person shall traffic in a substance included in Schedule I, II, III or IV or in any substance represented or held out by that person to be such a substance.
(2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III or IV.
Punishment
(3) Every person who contravenes subsection (1) or (2)

(a) subject to subsection (4), where the subject-matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life;

...
Punishment in respect of specified substance
(4) Every person who contravenes subsection (1) or (2), where the subject-matter of the offence is a substance included in Schedule II in an amount that does not exceed the amount set out for that substance in Schedule VII, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years less a day.
Punishment
(5) Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule II in an amount that does not exceed the amount set out for that substance in Schedule VIII is guilty of an offence punishable on summary conviction and liable to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both.
Interpretation
(6) For the purposes of subsection (4) and Schedule VII, the amount of the substance means the entire amount of any mixture or substance, or the whole of any plant, that contains a detectable amount of the substance.


CDSA

Schedule VII sets cannabis resin and cannabis marijuana at 3kg.

Schedule VIII sets the cannabis resin at 1 g and cannabis marijuana at 30 g.

Schedule II: Marijuana, Hash, etc.[edit]

For principles on Drug Offences Generally, see Drug Offences

Offenders found trafficking in a Schedule II controlled substance (e.g. Cannabinoids) in an amount greater than 3kg are liable for an indictable offence with a maximum penalty of life in jail. Where the amount is equal or less than 3kg, the offender is liable for an indictable offence with a maximum penalty of 5 years jail.

The primary sentencing principles for these offences involving soft drugs are protection of the public through denunciation and deterrence. [1]

The courts do recognize a distinction between hard and soft drugs, where soft drugs are treated less seriously from hard drugs.

Trafficking in cannabis is typically a sentence of incarceration.[2] There has been a benchmark set by some courts of 6 months.[3]

The upper range of marijuana trafficking is typically 12 months jail and above.[4]

The mid range of sentence is around 12 months on a conditional sentence order.[5] Though will be actual jail in certain cases.[6]

The lower end of the range is around 6 months jail, served either conditionally or on a straight-time basis.[7]

At the very lowest end there will be the rare granting of suspended sentences, fines, or discharges.[8] This usually involves exceptional circumstances such as the offenders position in the community or a benevolent intent behind the act.

Alberta does not have a starting point for sentence on soft drugs. However, the norm is for a sentence of incarceration regardless of prior record with a range between 6 and 12 months.[9]

  1. R. v. Butt, (2007), 265 Nfld. & P.E.I.R. 98 (N.L.S.C.) R. v. Murray, 2012 ABPC 123 at 92
  2. R. v. Butt and Gallant 1993 CanLII 7743 (NL CA), (1993), 106 Nfld. & P.E.I.R. 92 (N.L.C.A.)
  3. R. v. McKie (1981), 29 Nfld. & P.E.I.R. 181 (P.E.I.C.A.)
  4. R. v. Chen, 2007 ONCA 230 (18 months jail)
    R. v. Nguyen (2007), 227 C.C.C. (6th) 356 (C.A.) (15 months )
  5. R. v. Imoro, [20011] O.J. No. 996
    R. v. Nagtzaam, [2009] O.J. No. 5409 (O.C.J.)
  6. R. v. Do, [2002] O.J. No. 5491 (O.C.J.)
  7. R. v. Schweitzer, [2000] O.J. No. 5228 (O.C.J.) (5 months jail)
    R. v. Stover, [2004] O.J. No. 3736 (O.C.J.) (4 months CSO)
  8. R. v. Small 2001 BCCA 91
    R. v. Lucas, [2002] B.C.J. No. 1631 (Prov. Ct.)
  9. R. v. Murray, 2012 ABPC 123 at para. 93

See Also[edit]


Drug Trafficking (Schedule III)[edit]

Drug Trafficking (Sch. III)
Section 5 of the Controlled Drugs and Substances Act
Election / Plea
Election Hybrid
Jurisdiction Prov. Court
SC Judge + PI (indict.)
SC Jury + PI (indict.)
Summary Dispositions
Avail. Disp. Discharge

Suspended Sentence
Fine
Fine + Probation
Jail
Jail + Probation (s. 731(1)(b))
Jail + Fine

Conditional Sentence
Maximum 18 months jail
Indictable Dispositions
Avail. Disp. Discharge

Suspended Sentence
Fine
Fine + Probation
Jail
Jail + Probation (s. 731(1)(b))
Jail + Fine

Conditional Sentence
Maximum 10 years jail
References
Offence Elements
Sentence Principles
Sentence Digests
Related Offences
Trafficking (Sch. I), (Sch. II), (Sch. IV)

Legislation[edit]

Trafficking in substance
5. (1) No person shall traffic in a substance included in Schedule I, II, III or IV or in any substance represented or held out by that person to be such a substance.
(2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III or IV.
Punishment
(3) Every person who contravenes subsection (1) or (2)
...

(b) where the subject-matter of the offence is a substance included in Schedule III,
(i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or
(ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months; and...

...
Interpretation
(5) For the purposes of applying subsection (3) or (4) in respect of an offence under subsection (1), a reference to a substance included in Schedule I, II, III or IV includes a reference to any substance represented or held out to be a substance included in that Schedule.
...


CDSA

Application[edit]

For principles on Drug Offences Generally, see Drug Offences

Schedule III: Amphetamines, Hallucinogens, etc.[edit]

Offenders found trafficking in a Schedule III controlled substance (e.g. Amphetamines and hallucinogens) are liable for either a indictable offence with a maximum penalty of 10 years in jail or summary offence with a maximum penalty of 18 months in jail.

See Also[edit]

References[edit]

Drug Trafficking (Schedule IV)[edit]

Drug Trafficking (Sch. IV)
Section 5 of the Controlled Drugs and Substances Act
Election / Plea
Election Hybrid
Jurisdiction Prov. Court
SC Judge + PI (indict.)
SC Jury + PI (indict.)
Summary Dispositions
Avail. Disp. (Summ.) Discharge

Suspended Sentence
Fine
Fine + Probation
Jail
Jail + Probation (s. 731(1)(b))
Jail + Fine

Conditional Sentence
Minimum N/A
Maximum 1 year jail
Indictable Dispositions
Avail. Disp. Discharge

Suspended Sentence
Fine
Fine + Probation
Jail
Jail + Probation (s. 731(1)(b))
Jail + Fine

Conditional Sentence
Minimum N/A
Maximum 3 years jail
References
Offence Elements
Sentence Principles
Sentence Digests
Related Offences
Trafficking (Sch. I), (Sch. II), (Sch. III)

Legislation[edit]

Trafficking in substance
5. (1) No person shall traffic in a substance included in Schedule I, II, III or IV or in any substance represented or held out by that person to be such a substance.
(2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III or IV.
Punishment
(3) Every person who contravenes subsection (1) or (2)
...<brP>

(c) where the subject-matter of the offence is a substance included in Schedule IV,
(i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years, or
(ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.


...
Interpretation
(5) For the purposes of applying subsection (3) or (4) in respect of an offence under subsection (1), a reference to a substance included in Schedule I, II, III or IV includes a reference to any substance represented or held out to be a substance included in that Schedule.
...


CDSA

Application[edit]

For principles on Drug Offences Generally, see Drug Offences

Schedule IV: Barbiturates, Steroids, etc.[edit]

Offenders found trafficking in a Schedule IV controlled substance (e.g. Barbiturates and steroids) are liable for either a indictable offence with a maximum penalty of 3 years in jail or summary offence with a maximum penalty of 12 months in jail.

Case Digests[edit]

See Also[edit]


Drug Production[edit]

Drug Production
Section 7 of the Controlled Drugs and Substances Act
Election / Plea
Election Hybrid (Sch. III, IV)
Indictable (I, II)
Jurisdiction Prov. Court
SC Judge + PI (Indict.)
SC Jury + PI (Indict.)
Dispositions
Avail. Disp. (Summ.) Discharge

Suspended Sentence
Fine
Fine + Probation
Jail
Jail + Probation (s. 731(1)(b))
Jail + Fine

Conditional Sentence
Minimum (Summ.) N/A
Maximum (Summ.) 18 months jail (Sch. III)
1 year jail (Sch. IV)
Avail. Disp. (Indict.) Discharge

Suspended Sentence
Fine
Fine + Probation
Jail
Jail + Probation (s. 731(1)(b))
Jail + Fine

Conditional Sentence
Minimum (Indict.) N/A
Maximum (Indict.) life in jail (Sch. I, II except M)
7 years jail (Sch. I M)
10 years jail
3 years jail (Sch. IV)
References
Offence Elements
Sentence Principles
Sentence Digests

Legislation[edit]

Production of substance
7. (1) Except as authorized under the regulations, no person shall produce a substance included in Schedule I, II, III or IV.
Punishment
(2) Every person who contravenes subsection (1)

(a) where the subject-matter of the offence is a substance included in Schedule I or II, other than cannabis (marihuana), is guilty of an indictable offence and liable to imprisonment for life;
(b) where the subject-matter of the offence is cannabis (marihuana), is guilty of an indictable offence and liable to imprisonment for a term not exceeding seven years;
(c) where the subject-matter of the offence is a substance included in Schedule III,
(i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or
(ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months; and
(d) where the subject-matter of the offence is a substance included in Schedule IV,
(i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years, or
(ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.


CDSA

At a date not yet set, s.752(2) will be changed to read:

(a) if the subject matter of the offence is a substance included in Schedule I, is guilty of an indictable offence and liable to imprisonment for life and to a minimum punishment of imprisonment for a term of three years if any of the factors set out in subsection (3) apply and for a term of two years in any other case;
(a.1) if the subject matter of the offence is a substance included in Schedule II, other than cannabis (marijuana), is guilty of an indictable offence and liable to imprisonment for life, and to a minimum punishment of imprisonment
(i) for a term of one year if the production is for the purpose of trafficking, or
(ii) for a term of 18 months if the production is for the purpose of trafficking and any of the factors set out in subsection (3) apply;
(b) if the subject matter of the offence is cannabis (marijuana), is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years, and to a minimum punishment of
(i) imprisonment for a term of six months if the number of plants produced is less than 201 and more than five, and the production is for the purpose of trafficking,
(ii) imprisonment for a term of nine months if the number of plants produced is less than 201 and more than five, the production is for the purpose of trafficking and any of the factors set out in subsection (3) apply,
(iii) imprisonment for a term of one year if the number of plants produced is more than 200 and less than 501,
(iv) imprisonment for a term of 18 months if the number of plants produced is more than 200 and less than 501 and any of the factors set out in subsection (3) apply,
(v) imprisonment for a term of two years if the number of plants produced is more than 500, or
(vi) imprisonment for a term of three years if the number of plants produced is more than 500 and any of the factors set out in subsection (3) apply;

Factors
(3) The following factors must be taken into account in applying paragraphs (2)(a) to (b):

(a) the person used real property that belongs to a third party in committing the offence;
(b) the production constituted a potential security, health or safety hazard to persons under the age of 18 years who were in the location where the offence was committed or in the immediate area;
(c) the production constituted a potential public safety hazard in a residential area; or
(d) the person set or placed a trap, device or other thing that is likely to cause death or bodily harm to another person in the location where the offence was committed or in the immediate area, or permitted such a trap, device or other thing to remain or be placed in that location or area.

Notice
8. The court is not required to impose a minimum punishment unless it is satisfied that the offender, before entering a plea, was notified of the possible imposition of a minimum punishment for the offence in question and of the Attorney General’s intention to prove any factors in relation to the offence that would lead to the imposition of a minimum punishment.

Principles[edit]

Non-commercial operations are considered the least serious manifestations of this offence.[1]

  1. R. v. Koenders, 2007 BCCA 378

Factors[edit]

  • size of the enterprise
  • level of sophistication
  • evidence of fortification
  • presence of weapons
  • presence of children
  • threats to health and safety
  • theft of utilities
  • degree of participation (crop-sitter, worker or owner)
  • intended use of drugs (personal vs commercial)

Ancillary Orders[edit]

  • 109(1)(c) Weapons Prohibition (Mandatory)
  • 462.37(1) Proceeds of Crime Forfeiture
  • DNA Order

Drug Importation[edit]

Legislation[edit]

Importing and exporting
6. (1) Except as authorized under the regulations, no person shall import into Canada or export from Canada a substance included in Schedule I, II, III, IV, V or VI.
Possession for the purpose of exporting
(2) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II, III, IV, V or VI for the purpose of exporting it from Canada.
Punishment
(3) Every person who contravenes subsection (1) or (2)

(a) where the subject-matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life;
(b) where the subject-matter of the offence is a substance included in Schedule III or VI,
(i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or
(ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months; and
(c) where the subject-matter of the offence is a substance included in Schedule IV or V,
(i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years, or
(ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.


...
2011, c. 14, s. 1.


Application[edit]

Ancillary Orders[edit]

Recommendation Probation Terms[edit]

Case Digests[edit]

  • R. v. Kandola, 2012 BCSC 1042 - 14 years - 208 kg - also convicted of importing guns
  • R. v. Knockwood, 2012 ONSC 2238 -- 6 years -- 997 grams of heroin

See Also[edit]

Digests[edit]

Drug Possession[edit]

Simple Possession[edit]

Case Citation Sentence Drug / Quant. Comments
R. v. Collins 2009 NJ No 61 3 months 12.3 g cocaine simple possession; valued at $80 to 100 / gram;
R. v. Kubbernus 2008 ABQB 471 9 months 7.3 grams of meth-amphetamine
R. v. McClure 2002 ABCA 304 $1,000 fine marijuana and cocaine trial judge overturned Joint Recommendation gave jail sentence
R. v. Cote 2002 BCCA 29 14 days < 2 gr meth long criminal record; no past drug offences
R. v. Gonzalez 1990 BCCA 2019, 1990 CanLII 2019 3 months 1/2 pound of cocaine

Proceeds of Crime[edit]

  • R. v. Daluro, 2011 ABCA 312 -- 6 months -- couriering $183k as part of drug dealing

Drug Trafficking[edit]

Schedule I - Cocaine, Opiates, etc[edit]

Schedule II - marijuana, hash, etc[edit]

Schedule III - MDMA, Ecstasy[edit]

Schedule IV[edit]

Drug Trafficking (Schedule I)[edit]

Cocaine and Crack[edit]

Importation[edit]

Case Citation Sentence Drug / Quant. Comments
R. v. Payne 2012 CanLII 41098 (NL SCTD) 5 years, 7 months 3 kg also importing 12k pills and marijuana. Total street value of $645,000.00.
R. v. Robinson 2012 ONSC 1613 8 years 3.5 kg importing cocaine from Jamaica
R. v. Razmara 2012 ONCA 13 14 years importation of large amount of cocaine

Mid to high level trafficking (over 5 oz / 141 gr)[edit]

Case Citation Sentence Drug / Quant. Comments
R. v. Huynh 2012 ABQB 483 (CanLII) 37 months 412 gr commercial retailer
R. v. G.T. 2012 MBQB 135 36 months 30 oz courier
R v Nestbitt 2012 BCCCA 243 2 years less a day CSO 17 kg youthful--let his residence be used as a stash house, made deliveries
R. v. Marshall 2012 ABCA 160 2 years less a day 9 oz
R. v. Brown 2012 MBQB 29 5 years 10 oz attempted to purchase cocaine, gang affiliation.
R. v. Messervey 2012 CanLII 2507 (NL SCTD) $20,000 fine + probation 10 oz age 55
R. v. Ducharme 2012 MBCA 35 5 years 1 kg cocaine more than mere courier
R. v. Archibald 2012 CanLII 11927 (NL SCTD) 2 years less a day CSO (JR) 1 lb cocaine
R v Momprevil 2012 ONCA 209 8 years $133k worth also convicted of assault CBH and poss'n marijuana
R. v. Kum 2012 ONSC 1314 8 years 3 kg
R. v. Oraha 2012 ONSC 1439 9 years 3kg also convicted for trafficking in MDMA and methamphetamine.
R. v. Dew 2012 MBQB 28 7 to 12 years 2kg and 10 oz over three deals, age 55
R. v. Traimany 2011 MBCA 104 60 months 1 lb
R. v. Qureshi 2011 ABPC 332

9 to 10 years

1,331 gr cocaine

1,625 gr meth

506 ecstasy tablets

connections with organized crime; loaded guns found
R. v. Burrett 2011 ONCA 565 7 years 2.5 kg over three transactions; joint recommendation; co-accused got 4 years
R. v. Bryan 2011 ONCA 273 5 to 8 years 1 pound of cocaine no record; guilty plea
R. v. Calanza 2010 MBQB 240 3 years $30k worth mid-level dealer
R. v. Butt 2010 NSCA 56 5 years 1.2 kg cocaine long record; middleman
R. v. John Preston Kuenzler 2010 ONSC 4016 4 years 880.32 g cocaine;
15,348.98 g marijuana
other drugs
R. v. Yakimishyn 2009 ABQB 162 10.5 years 3kg
R. v. Byrne 2009 NLCA 3 2 years less a day CSO 280 gr cocaine age 29 with no record
R. v. Ruggiero 2008 ONCA 314 41 months 2000 pills of ecstasy; 769.22 grams of cocaine,
including 517.96 grams of crack
R. v. Mileos 2008 BCSC 1833 42 mo Cocaine 52.3 kg no record; age 43
R. v. Nero 2008 ONCA 622 8 years 3kg overturned sentence of 5 years; involved three offences: two instances of trafficking 1kg each, and possession of 1 kg for purpose; age 31, unrelated record, guilty plea.
R. v. Hein 2008 BCCA 230 44 months 6.5 kilos cooperated with police
R. v. Epp 2006 BCCA 570 10 years 100 kilos
R. v. Snow 2006 ABCA 167 5 years 53 spitballs of cocaine, 12 oz of hard cocaine,
two oz powder cocaine , 6 spit balls of methamphetamine,
and one ounce of methamphetamine
R. v. Vautour 2005 NBQB 417 3 years 10 oz cocaine
R. v. Patel 2005 BCPC 442 2 years 1.8 kilo cocaine plus pills
R. v. Szczerba 2004 ABCA 301 10 oz cocaine 30 months
R. v. Macias [2003] O.J. No. 5564 (S.C.) 5 years 1.3 kg no record, deep remorse, no personal remuneration
R. v. McCrae 2003 ABPC 93 15 months 4 ounces of crack cocaine
R. v. Bajada 2003 CanLII 15687 (ON CA), (2003), 173 C.C.C. (3d) 255 (Ont. C.A.) 6 years 0.5 Kg cocaine age 51; long record
R. v. D.E.M. 2002 NWTSC 89 30 mo 10 oz cocaine admits to being courier; 18 years old
R. v. Pankewich 2002 SKCA 7 2 years less a day 10 oz / 1 lb two co-accused
R v  Henderson  2002 ABQB 442 3.5 years 1 kg and 40 oz gun present; courier; on bail for 5 years
R v Chaves [2002] S.J. No. 63 (S.C.) 2 years less a day CSO 1 lb and 10 oz large commercial enterprise; middleman; no record
R. v. Clough 2001 BCCA 613 12 month CSO 9 oz cocaine
R. v. Salazar [2000] OJ No. 4974 8 mo. CSO 8 oz
R. v. Lobon-Valencia 1999 BCCA 315 three years after remand time 6 kilos of cocaine
R. v. Ellrodt 1999 BCCA 57 2 years less a day CSO quarter pound of cocaine
R. v. Aguilera 1998 CanLII 4115 (ON CA), (1998), 105 O.A.C. 366 (C.A.) 6 years 3 kg no record, considered the “lower end” of the range
R v Mong 1998 BCCA 3 years 17.8 oz cocaine
Bui 1997 BC 2 years less a day 27 oz cocaine
R. v. Cavuoti [1990] O.J. No. 17 (C.A.) 6 years 5 lb (2.27kg) no related record

Low level trafficking (5 oz/141 gr or less)[edit]

Case Citation Sentence Drug / Quant. Summary
R v Agecoutay 2012 SKPC 186 (CanLII) 15 months CSO 1.5 gr Offender was remorseful and broke ties from gang.
R v McCallum 2012 SKPC 162 (CanLII) 20 months CSO $80 worth
R v McIntyre 2012 SKCA 111 (CanLII) 10 months $280 worth Offender part of a dial-a-dope operation, caught selling to undercover twice.
R. v. Coss 2012 MBQB 272 (CanLII) 4 years ~85 grams
R. v. Peddie 2012 ABPC 238 (CanLII) 2 years less a day CSO 3 small pieces of crack sold crack to undercover three times
R. v. Ahmed 2012 ABPC 191 2 years 50 grams
R. v. Dzienis 2012 ONCJ 442 18 month CSO 28.75 grams
R. v. Abdi Fatah Mahamad 2012 ONSC 3641 16 months CSO 6.6 grams sold crack to undercover officer three times
R v Fowler 2012 SKPC 93 18 months CSO 10 cc
R v Shawile 2012 SKCA 51 18 months 54 grams overturned CSO
R. v. Shusterman 2012 BCSC 362 1 year 29 grams cocaine trafficking
R. v. Carvery 2012 NSSC 49 2 years 4.4 g two counts trafficking
R. v. Barrick 2012 BCCA 83 6 to 7.5 months 2 to 4g trafficking one two occasions
R. v. Robinson 2012 ONCA 50 12 months -
R. v. Taylor 2012 CanLII 1915 (NL SCTD) 16 months CSO warden smuggling in cocaine into prison
R. v. L.C. 2011 NSPC 35
R. v. Tolliver 2011 NSSC 54
R v Mullins 2011 SKQB 478 30 months 29.9 g also had 13,000g of marijuana and $20k+ of cash
R v Do 2011 ABQB 749 30 months .7 grams cocaine trafficking
R. v. Kane 2011 NLTD 159 2 years less CSO conspiracy to traffick in cocaine and marijuana
R. v. Pham 2011 ABQB 647 2 years less a day CSO over 10 year old charge
R. v. Simmonds 2011 NLTD 135 7 months, 14 days 32 grams
R. v. Hussseinali 2011 ABPC 270 1 year .5 grams
R. v. Kassim 2011 ABPC 266 2 years less CSO 1.2 grams
R. v. Pitts 2011 NSPC 60 2 years 60 grams age 31; limited record; diabetes
R. v. Speziale 2011 ONCA 580 14 months < 15 gr age 29; appeal from 5 years
R. v. Liparoti 2011 ABCA 250 18 mo CSO small quantity of crack 69 days remand; "exceptional" circumstances
R. v. Gosselin 2011 NWTTC 15 9 months 3 gr
R. v. Schmidt 2011 ABCA 211 2 years less a day jail 18 mo for two incidents appealed
R. v. Dow 2011 ABCA 38 30 months 50gr cocaine; other drugs as well appealed 2 year CSO
R. v. Chalifoux 2010 ABCA 237 4 years 81 grams of cocaine;
180 morphine tablets;
148 grams of marijuana
CSO appealed;
R. v. Conyers 2010 ABQB 520 2 years less CSO 1.8 grams
R. v. Strickland 2010 NLTD 2 16 months 9.6 grams of cocaine; 66 ecstasy pills
R. v. Harrison 2009 ONCA 386 12 months 8.95 gr cocaine
R. v. Allison 2009 NSSC 264 30 mo
R. v. Walkley 2009 BCCA 87 15 months
R. v. Conway 2009 NSCA 95 18 months elderly offender
R. v. Blais 2009 ABQB 103 3 years 141 gr of cocaine (part crack part powder) fully employed, some record for violence and breaches.
R. v. Knickle 2009 NSCA 59 rejected CSO
R. v. Sampson 2009 NSSC 165
R. v. Balon 2009 SKQB 233 (CanLII) 12 months CSO 30 grams
R. v. McDougall 2009 BCSC 126 6 mo and probation 3 gr cocaine dial-a-dope operation; clean for 2 years
R. v. Hashem 2008 SKQB 220 18 months 30 g
R. v. Barrett 2008 NLCA 23 2 years less a day CSO 5 counts trafficking
R. v. Von Hagen 2008 SKCA 123 18 mo CSO 4 gr of crack cocaine; 11 gr marijuana 19 years old, no record; tried to bring drugs into penitentiary for boyfriend.
R. v. Alibhai 2008 BCSC 1549 9 mo 22.7 gr of crack cocaine low level dial-a-dope; some record; no addiction issues
R. v. Klassen 2008 YKTC 64 4 months 0.4 g crack
R. v. Powland 2008 ABPC 273 12 months CSO 60 grams
R. v. Draskoczi 2008 NWTTC 12 18 mo 1 gr crack 33 year old; lengthy criminal record including 2 counts of possession for purposes of trafficking
R. v. Dunbar 2008 NSPC 57 16 months after 14 mo credit 5.5 gr crack cocaine long record; low level dealer
R. v. Cheung 2008 BCSC 1834 1 year CSO 3.4 grams low level dial a dope operation;
R. v. Johnson 2008 BCSC 1162 8 months 3.6 grams
R. v. Steeves 2007 NSCA 130 77g coke; 100 ecstasy pills 29 years old, 2 children; neurological disorder; overturn CSO
R v Bowen 2007 ABCA 40 14 months CSO 1 gram
R. v. Sawatsky 2007 ABCA 353 42 months appeals 2 year CSO
R. v. Desjarlais 2007 NWTSC 23 12 months 21 gr
R v Jaber 2007 ABCA 383 2 years less CSO 1 gram
R v Lee 2007 ABCA 288 2 years less CSO 4 grams
R. v. Glasgow 2007 NSSC 370
R. v. Lennartsson 2006 ABCA 189 cocaine sold to undercover officer
R. v. Young 2006 ABPC 94 2.5 years 28 gr
R. v. Lever 2006 BCSC 979 6 months 3.5 gr
R. v. Johnson 2006 CanLII 18353 (ON C.A.) possession for purpose of trafficking
R. v. Dodd 2006 CanLII 1911 (ON C.A.) 2.5 years after 9 months remand
R. v. Lively 2006 NSSC 274 25 months 15 gr
R. v. Turner 2006 NWTSC 6 11 mo 1 gr crack 22 year old; no criminal record
R. v. Gibbon 2006 BCCA 219 4 years
R. v. Saari 2006 BCCA 288 crack cocaine low-level dial a dope
R. v. Do 2006 BCCA 492 8 months
R. v. Kerr 2006 BCPC 144 15 months dial-a-dope cocaine
R. v. Sparks 2005 NSSC 175
R. v. Coombs 2005 NSSC 90 12 months CSO 50 g crack
R v Bui [2004] O.J. No. 3452 (C.A.) 18 months 7 grams
R v Panousis 2004 ABCA 211 2 years less CSO 6 grams
R. v. Shaw 2004 ABPC 217 2 years less CSO .55 grams
R. v. McCrae 2003 ABPC 93 15 months 90 grams 18 year old with no record
R. v. Klyne 2003 SKPC 95 (CanLII) 2 years less a day CSO 5 oz trafficked to undercover officer 8 times. Also trafficking in 20gr of marijuana
R. v. Keizer 2003 NSSC 128
R. v. Tokic 2002 NSSC 54
R. v. Dawe 2002 NSCA 147 15 months 4 grams cocaine and 200g hashish
R v Salih 2002 ABPC 106 2 years less CSO 4.5g not addict; knife present
R v Sudsbury [2002] N.S.J. No. 137 2 years less CSO chronic depresssion; positive PSR
R v Fung [2002] M.J. No. 322   2 years less CSO 226 g of crack courier; gambling debt; no record; family
R v Gronau  [2002] A.J. No. 928   2 years less CSO 60 g no record, working, good PSR  
R v Petrovich [2002] A.J. No. 728 (PC) 2002 ABPC 92   2 years less CSO 4.5 gr 4 incidents no addiction; youthful; family support; good PSR
R v Evans  2002 ABPC 74   2 years less CSO 1.5 g family support, no record, youthful, stopped selling before arrested
R v Taleb  2002 ABPC 130 2 years less CSO 3 g crack   5 transactions, commercial dealing; unrelated record; good PSR
R. v. Gray 2001 NSSC 195
R. v. Nguyen 2001 BCCA 624 5 months 3.5 grams of cocaine
R v Rahime 2001 ABCA 203 18 months CSO 3g cocaine multiple transactions; no record; addiction history; 10 g in simple possession
R. v. Provo 2001 NSSC 189 2 years less a day CSO crack
R v Malcolm [2000] OJ No 4309 (ONCA) 6 months 0.9 grams
R. v. Kozma 2000 BCCA 440 two years less a day CSO
R. v. Downey [2000] N.S.J. No. 311 (NSCA) 3 years
R. v. Talbot [1999] N.S.J. No. 18; (1999) 176 N.S.R. (2d) 316 (S.C.)
R v Meggo 1998 CanLII 3772 (ON CA), [1998] OJ No 3452 (ONCA) 18 months 7 grams
R v Charlie 1998 BC 3 months crack cocaine $70 worth
R. v. Sparks 1993 CanLII 3122, [1993] N.S.J. No. 448 32 months four incidents of trafficking, "extreme" record, age 23
R. v. Robins 1993 CanLII 3205 (NS CA), (1993), 121 N.S.R. (2d) 254 18 months 23.57 g
R. v. Huskins 1990 CanLII 2399, [1990] N.S.J. No. 46 (NSCA) 3 years 4 grams age 42, 29 prior convictions
R. v. Smith [1990] N.S.J. No. 30 (NSCA) 4 years 2 oz sold to undercover twice, 2 years for each incident, age 35
R. v. Lessard [1990] 59 C.C.C. (3d) 123 (QCCA) 2 years age 24; no prior record
R. v. Byers [1989] N.S.J. No. 168 (NSCA) 3 years 6 grams sold twice to undercover officer
R. v. Downey [1989] N.S.J. No. 368 (NSCA) 18 months 4.5 grams
R. v. Aikens [1981] 33 N.B.R. (2d) 630 (NBCA) 6 months 15.3 gr
R v Maskell 29 AR 107 3 years? see para 20

couriers and other parties[edit]

Case Citation Sentence Amount Summary
R. v. Jenkins 2008 BCPC 286 40 months 11 kg acting as courier
R. v. Brown 2006 ABCA 339 5.5 years
R. v. Grossman [1998] B.C.J. No. 63 (S.C.)

Conspiracy[edit]

Case Citation Sentence Amount Summary
R. v. Kane 2012 NLCA 53 2 years less a day
R. v. Wong 4.5 years drugs and guns

Opiates (Morphine / Heroin)[edit]

Trafficking[edit]

Case Citation Sentence Amount Summary
R. v. Leung 2012 ABPC 158 3 years 600 x 80 milligram Oxycodone tablets also sentenced on 7.1 g crack cocaine (1 year)
R. v. Lee 2012 BCPC 169 9 months .44 g also convicted of poss'n of <5g of cocaine -- part of dial a dope operation
R. v. Giammarco 2012 CanLII 11239 (ON SC) 5 to 6 years 3.5 kg heroin trafficking
R. v. Hernandez 2012 BCSC 238 6 mo 4 g heroin
R. v. Roche 2011 CanLII 77682 (NL PC) 25 months 654 Oxycontin pills
R. v. Taromi 2010 ONCJ 304 2 years less a day CSO two counts of trafficking heroin
R. v. Doiron 2007 NBQB 79 12 mo CSO 10.2g cocaine and 99 hydromorphone tablets no record; guilty plea
R. v. Domke 2006 ABPC 252 5 years large quantity of pills
R. v. Cormier 2006 NBQB 54 3 years more than a "few pills"
R. v. Pechawis 2005 SKPC 25 18 month CSO
R. v. McIntyre 2004 NBPC 14 18 mo after 2 mo remand
R. v. Breau 2004 NBPC 22 10 mo 1 capsule of Oxycontin, 2 capsules of Hydromorphone and 8 capsules of Dilaudid
R. v. Whittaker 2001 ABQB 601 4 years sold 50+ pills of hydromorphone in 4 transactions
R. v. Whittaker 2001 ABQB 873 12 mo 2 tablets of hydromorphone remand credit given
R. v. Knoll 2001 ABQB 69 2 years less a day CSO 41 pills of hydromorphone
R. v. Laliberte (M.R.) 189 Sask.R. 190, 2000 SKCA 27 12 mo CSO 12 dilaudids sold to undercover
R. v. Keepness 2000 SKCA 28 12 mo CSO 2 dilaudids
R. v. Kappeler (F.G.) (1998), 232 A.R. 302 (CA) 40 months sold two four milligram tablets of dilaudids to undercover officer

Methamphetamine[edit]

Trafficking[edit]

Case Citation Sentence Amount Summary
R. v. Bernard 2012 ONSC 4009 4 to 12 years 20kg+
R. v. Barnett 2011 BCPC 320 12 months meth-amphetamines; handgun found in house

Drug Trafficking (Schedule II)[edit]

Marijuana[edit]

Importation[edit]

Case Citation Sentence Summary
R. v. Adam 2007 BCSC 764 3.5 to 7 years large marijuana importation scheme

Smuggling[edit]

Case Citation Sentence Amount Summary
R. v. Smith 2008 MBPC 40 10 mo with probation 17 grams caught trying to smuggle 17 g marijuana into prison; poor PSR; prior record for trafficking
R. v. Lavallee 2008 MBPC 39 18 month CSO 17 grams driver in operation to sneak 17 g of marijuana into prison; good PSR
R. v. Rastgoei 2008 BCCA 242 1 year 1 to 2 pounds involved in dial-a-dope operation; included 1 to 8 gr of cocaine; no record
R. v. Delafosse 2008 YKTC 82 4 mo CSO low level dial-a-dope operation; no record

High level trafficking[edit]

Case Citation Sentence Amount Summary
R. v. Martin 2012 CanLII 52791 (NL SCTD) 20 months 13 lb (M) + 7 lb (H)
R. v. Sullivan 2012 CanLII 32169 (NL SCTD) 3 years 49 lb prior record for trafficking
R. v. Lee Roy Durepos 2012 NBPC 7 2 years less a day CSO 7.5 lb marijuana trafficking--offender had unrelated record
R. v. Gendron 2012 CanLII 10863 (NL SCTD) 18 month CSO (JR) 30 lb
R. v. Martin 2011 NLTD 142 2 years less CSO 5 lb
R. v. Gorcsi 2011 ONCJ 532 2 years less CSO 15lb
R. v. Hill 2007 BCCA 309 30 months 105lb signs of being a high level commercial drug dealer
R. v. Provost 2006 NLCA 30 15 months 1lb
R. v. Forsberg 2005 BCPC 706 18 mo CSO 43 lb no record; drug courier
R. v. Sewell 2003 SKCA 52 9 months 3 kg
R. v. Jones 2003 NSCA 48 3 years 4.6kg of resin
R. v. Grewal 2003 SKCA 56 2 years 160 lb
R. v. MacIvor 2002 NSSC 225 4 month 79 plants and 3 kg dried
R. v. Tanguay 2001 CanLII 2746 (ON CA) 27 months 2.5kg of marijuana
R. v. Su 2000 BCCA 480 12 months
R. v. Walsh 1999 CanLII 18934 (NL C.A.) 18 months 18lb
R. v. Collette 1999 CanLII 4552 (NS CA) 3 years 10 kg canabis resin
R. v. Hill 1999 NSCA 118 15 months 1 lb of marijuana and 1kg of hashish
R. v. Marcotte [1976] N.J. No. 121,(Nfld. D.Ct.) 3 years 2 lb cannabis resin street value of $10,000.00

Low level dealing[edit]

Case Cite Sentence Amount Summary
R v McKenzie 2012 SKCA 92 (CanLII) 12 months 0.5 lb relatively large commercial operation--aged 19--Crown appeal from 15 months CSO
R. v. Murray 2012 ABPC 123 6 months 30 gr sold 30gr to undercover officer on two occasions.
R. v. Hunt 2012 NLCA 5 4 months 29 g
R v Randell 2011 SKCA 124 9 mo CSO appeal from discharge
R v Roemer 2011 SKPC 73 6 months 253 grams
R. v. Fizzard 2011 CanLII 5260 (NL PC) 4 and 6 months  ?? children in drug house
R. v. Tatchell 2011 NLTD 87 9 mo CSO
R. v. Hunt 2011 NLTD 29 12 months 29gr
R. v. Tosczak 2010 SKCA 10 2 years less CSO
R. v. Stewart 2010 CanLII 20 (NL PC) 90 days "small quantity" prior related record; sold to 16 year old
R. v. Kharaghani 2011 ONSC 3404 3 months 3 kg 2 sales to police of approx 6 gr each
R. v. Bohnet 2009 ABCA 314 6 months (aprox) 55 gr
R. v. Le 2009 SKQB 367 15 months
R. v. Sears 2006 SKCA 137 22 months CSO
R. v. C.B. 2006 ABPC 167 2 years less a day CSO marijuana, resin, valium, ecstacy
R. v. Nicoll 2005 NSPC 15 3 months CSO 35 gr two sales of 1 gram of marijuana, also found in possession of 8 bags totalling 35 g and scales
R. v. Wood 2005 SKQB 313 22 months CSO
R. v. Soura 2004 SKQB 308 21 months CSO
R. v. Ryan 2004 NSSC 173 5 years 43 grams hash Accused was RCMP officer; used position to traffic
R. v. Simons 2002 SKCA 90 2 years less CSO age 65
R. v. Kozak 2003 SKQB 22
R. v. Charlish 2001 BCCA 27 CSO 15 g marijuana attempting to bring into jail
R. v. Parsons 1999 NSCA 156 6 months CSO one joint no record; near a school
Cameron 1998 BC 2 years less a day
Wesnoski 1997 SK 2 years less a day
R. v. Wheatley 1997 CanLII 14532 (NS C.A.),
159 N.S.R. (2d) 161
13 month CSO hashish a petty retailer of soft drugs and had a record of theft and fraud.
R. v. Ferguson 1988 CanLII 156 (NS C.A.),
84 N.S.R. (2d) 255,
12 months 1 oz two trasactions
R. v. McGregor 1985 ABCA 163 1 year 2.2 g marijuana appeal from sentence of 2 years; age 21, prior similar record

See Also[edit]

Drug Trafficking (Schedule III)[edit]

Schedule III - MDMA / Ecstasy[edit]

high level dealers

  • R. v. Ling, 2012 ONSC 654||ON ||SC|| 10 to 14 years || ||production and trafficking of Ketamine and MDMA

mid level dealers

Case Cite Pv. Ct. Sentence Amount Summary
Regina v. Christie 2009 BCPC 97 BC PC 2 years
R. v. Kaasa 2008 ABPC 146 AB PC 6 months 21 ecstacy pills
R. v. C.B. 2006 ABPC 167 AB PC 2 years less a day CSO marijuana, resin, valium, ecstacy
R. v. Toor 2006 BCCA 347 BC CA 32 month sentence 500 pills of ecstasy
R. v. Gallant (2006) 2006 NBQB 380 NB SC 2 years less a day 890 ecstasy pills
R. v. Sigurdson 2005 CanLII 46573 (MB P.C.) MB PC 3 months 54 gr methamphetamine and 69 ecstasy pills
R. v. Russell & Grenfal 2000 BCSC 27 BC SC 4 years 943 Ecstasy pills

low level dealers

Case Cite Sentence Amount Summary
R. v. Kaasa 2008 ABPC 146 6 months 21 pills in possession; sold 2 to undercover some record; 27 years old
R. v. Idris 2007 ABPC 211 CD and 30 mo probation 6 pills of ecstasy summary conviction offence; crown sought 12 months CSO
R. v. Houle 2007 ABCA 407 12 months imprisonment
R. v. Buzzell 2006 ABQB 272 6 mo after 1.5 years remand credit 8 occasions of trafficking meth ranging from 3.5 grams to 5 ounces
R. v. Ferguson 2005 ABPC 37 3.5 years ecstasy and K
R. v. Bercier (T.J.) 2004 MBCA 51
R. v. Bedford (2000) N.S.J. No. 277 (NSCA)

Drug Production[edit]

Schedule I[edit]

Meth production[edit]

Case Cite Sentence Amount Summary
R. v. Nguyen 2011 ONSC 6229 5 years age 23; also charged w arson; lab
R. v. Durette 1992 CanLII 2779 (ON CA), (1992), 9 O.R. (3d) 557 5-9 years biker gang-related
R. v. Lukaniuk 1989 34 O.A.C. 321 (C.A.) 6 years lab

Schedule II[edit]

Grow ops / Cultivation[edit]

Case Citation Sentence Amount Summary
R. v. Nguyen 2012 MBCA 72 2 years less a day 690 plants
R v Lo 2012 SKQB 239 2 years less a day CSO 572 plants
R. v. St. Germain 2012 ABCA 198 12 months 2.2 pounds of plants
R. v. Bick 2012 ONCJ 233 1 year 2,074 plants
R. v. Konstantakis 2011 BCPC 319 12 months 1,216 plants
R. v. Lam and Vo 2011 BCPC 321 18 months 1,264 marihuana plants
R. v. Emonts 2011 ONCJ 544 18 months CSO 532 plants
R. v. Chen 2011 BCPC 297 12 mo CSO 1,139 plants gardener for a grow-op
R. v. Vu 2011 BCPC 269 9 months 786 plants
R. v. Bi 2011 BCCA 204 9 mo
R. v. Evers 2011 BCCA 330 12 mo probation
R. v. Day 2011 ONSC 1148 2 years less a day CSO 3.9kg 385g mushrooms and 27 g cocaine as well
R. v. Hann 2011 NLTD 66 15 mo CSO 4813.7 grams limited record; joint recommendation
R. v. Horkoff 2010 SKCA 79 30 months 323 plants
R. v. Giang 2010 BCSC 1016 15 mo CSO
R. v. Hobbs 2009 NSSC 258 30 mo jail
R. v. Wetherill 2009 BCPC 356 18 mo CSO
R. v. Simpson 2008 NSSC 57 1 day
R. v. Nannan 2007 SKCA 50 CSO 237 plants
R. v. Hoang 2007 SKPC 19 2 years less CSO 348 plants
R. v. Tanasichuk 2007 BCSC 1028 18 mo CSO
R. v. Siek 2007 NSCA 23 2 years
R. v. Koenders 2006 BCSC 1045 2 years less
R. v. Wong 2005 NBQB 150 2 years
R. v. MacIvor 2003 NSCA 60 4 months joint recommendation; lukemia; no record
R. v. McCurdy 2002 NSCA 132 3 years 500 plants sophisticated operation
R. v. Shacklock 2000 NSCA 120 18 months 214 marijuana plants
R. v. Brass 2000 BCSC 988 12 mo CSO
R. v. Connolly [1998] N.S.J. No. 375 14 months million dollar grow-op related record; on probation at time
R. v. Booth 1996 CanLII 5020 (SK CA) 3 years 400 plants

Schedule III - Meth[edit]

Case Cite Sentence Amount Summary
R. v. Reid 2008 NSPC 41 48 months 30,000 ecstasy pills before remand credit;
R. v. Iverson 2007 BCCA 3 5 years ecstasy lab
R. v. Scott 2006 BCSC 678 4 years ecstasy lab
R. v. Ma 2005 BCSC 493 6 years 76 kg of ecstasy meth lab
R. v. Lau 2003 SKPC 92 3 and 4 years 100,000 pills of ecstasy

Appendix[edit]

SCHEDULE I[edit]

(Sections 2 to 7, 29, 55 and 60)

1. Opium Poppy (Papaver somniferum), its preparations, derivatives, alkaloids and salts, including:

(1) Opium
(2) Codeine (methylmorphine)
(3) Morphine (7,8–didehydro–4,5–epoxy–17–methylmorphinan–3,6–diol)
(4) Thebaine (paramorphine), and the salts, derivatives and salts of derivatives of the substances set out in subitems (1) to (4), including:
(5) Acetorphine (acetyletorphine)
(6) Acetyldihydrocodeine (4,5–epoxy–3–methoxy–17–methylmorphinan–6–ol acetate)
(7) Benzylmorphine (7,8–didehydro–4,5–epoxy–17–methyl–3–(phenylmethoxy) morphinan–6–ol)
(8) Codoxime (dihydrocodeinone O–(carboxymethyl) oxime)
(9) Desomorphine (dihydrodeoxymorphine)
(10) Diacetylmorphine (heroin)
(11) Dihydrocodeine (4,5–epoxy–3–methoxy–17–methylmorphinan–6–ol)
(12) Dihydromorphine (4,5–epoxy–17–methylmorphinan–3,6–diol)
(13) Ethylmorphine (7,8–didehydro–4,5–epoxy–3–ethoxy–17–methylmorphinan–6–ol)
(14) Etorphine (tetrahydro–7a–(1–hydroxy–1–methyl-butyl)–6,14–endo–ethenooripavine)
(15) Hydrocodone (dihydrocodeinone)
(16) Hydromorphinol (dihydro–14–hydroxymorphine)
(17) Hydromorphone (dihydromorphinone)
(18) Methyldesorphine (?6–deoxy–6–methylmorphine)
(19) Methyldihydromorphine (dihydro–6–methylmorphine)
(20) Metopon (dihydromethylmorphinone)
(21) Morphine–N–oxide (morphine oxide)
(22) Myrophine (benzylmorphine myristate)
(23) Nalorphine (N–allylnormorphine)
(24) Nicocodine (6–nicotinylcodeine)
(25) Nicomorphine (dinicotinylmorphine)
(26) Norcodeine (N–desmethylcodeine)
(27) Normorphine (N–desmethylmorphine)
(28) Oxycodone (dihydrohydroxycodeinone)
(29) Oxymorphone (dihydrohydroxymorphinone)
(30) Pholcodine (3–[2–(4–morpholinyl)ethyl]morphine)
(31) Thebacon (acetyldihydrocodeinone)

but not including

(32) Apomorphine (5,6,6a,7–tetrahydro–6–methyl–4H–dibenzo[de,g]quinoline–10,11–diol)
(33) Cyprenorphine (N–(cyclopropylmethyl)–6,7,8,14–tetrahydro–7a–(1–hydroxy–1–methylethyl)–6,14–endo–ethenonororipavine)
(34) Nalmefene (17-(cyclopropylmethyl)-4,5a-epoxy-6-methylenemorphinan-3,14-diol)
(34.1) Naloxone (4,5a-epoxy-3,14-dihydroxy-17-(2-propenyl)morphinan-6-one)
(34.2) Naltrexone (17-(cyclopropylmethyl)-4,5a-epoxy-3,14-dihydroxymorphinan-6-one)
(35) Narcotine (6,7–dimethoxy–3–(5,6,7,8–tetra-hydro–4–methoxy–6–methyl–1,3–dioxolos [4,5–g]isoquinolin–5–yl)–1(3H)–isobenzofuranone)
(36) Papaverine (1–[(3,4–dimethoxyphenyl)methyl]–6,7–dimethoxyisoquinoline)
(37) Poppy seed

2. Coca (Erythroxylon), its preparations, derivatives, alkaloids and salts, including:

(1) Coca leaves
(2) Cocaine (benzoylmethylecgonine)
(3) Ecgonine (3–hydroxy–2–tropane carboxylic acid)

3. Phenylpiperidines, their intermediates, salts, derivatives and analogues and salts of intermediates, derivatives and analogues, including:

(1) Allylprodine (3–allyl–1–methyl–4–phenyl–4–piperidinol propionate)
(2) Alphameprodine (a–3–ethyl–1–methyl–4–phenyl–4–piperidinol propionate)
(3) Alphaprodine (a–1,3–dimethyl–4–phenyl–4–piperidinol propionate)
(4) Anileridine (ethyl 1–[2–(p–aminophenyl)ethyl]–4–phenylpiperidine–4–carboxylate)
(5) Betameprodine (ß–3–ethyl–1–methyl–4–phenyl–4–piperidinol propionate)
(6) Betaprodine (ß–1,3–dimethyl–4–phenyl–4–piperidinol propionate)
(7) Benzethidine (ethyl 1–(2–benzyloxyethyl)–4–phenylpiperidine–4–carboxylate)
(8) Diphenoxylate (ethyl 1–(3–cyano–3,3–diphenylpropyl)–4–phenylpiperidine–4–carboxylate)
(9) Difenoxin (1–(3–cyano–3,3–diphenylpropyl)–4–phenylpiperidine–4–carboxylate)
(10) Etoxeridine (ethyl 1–[2–(2–hydroxyethoxy) ethyl]–4–phenylpiperidine–4–carboxylate)
(11) Furethidine (ethyl 1–(2–tetrahydrofurfury loxyethyl)–4–phenylpiperidine–4–carboxylate)
(12) Hydroxypethidine (ethyl 4–(m–hydroxyphenyl)–1–methylpiperidine–4–carboxylate)
(13) Ketobemidone (1–[4–(m–hydroxyphenyl)–1–methyl–4–piperidyl]–1–propanone)
(14) Methylphenylisonipecotonitrile (4–cyano–1–methyl–4–phenylpiperidine)
(15) Morpheridine (ethyl 1–(2–morpholinoethyl)–4–phenylpiperidine–4–carboxylate)
(16) Norpethidine (ethyl 4–phenylpiperidine–4–carboxylate)
(17) Pethidine (ethyl 1–methyl–4–phenylpiperidine–4–carboxylate)
(18) Phenoperidine (ethyl 1–(3–hydroxy–3–phenylpropyl)–4–phenylpiperidine–4–carboxylate)
(19) Piminodine (ethyl 1–[3–(phenylamino)propyl]–4–phenylpiperidine–4–carboxylate)
(20) Properidine (isopropyl 1–methyl–4–phenylpiperidine–4–carboxylate)
(21) Trimeperidine (1,2,5–trimethyl–4–phenyl–4–piperidinol propionate)
(22) Pethidine Intermediate C (1–methyl–4–phenylpiperidine–4–carboxylate)

but not including

(23) Carbamethidine (ethyl 1–(2–carbamylethyl)–4–phenylpiperidine–4–carboxylate)
(24) Oxpheneridine (ethyl 1–(2–hydroxy–2–phenylethyl)–4–phenylpiperidine–4–carboxylate)

4. Phenazepines, their salts, derivatives and salts of derivatives including:

(1) Proheptazine (hexahydro–1,3–dimethyl–4–phenyl–1H–azepin–4–ol propionate)

but not including

(2) Ethoheptazine (ethyl hexahydro–1–methyl–4–phenyl–azepine–4–carboxylate)
(3) Metethoheptazine (ethyl hexahydro–1,3–dimethyl–4–phenylazepine–4–carboxylate)
(4) Metheptazine (ethyl hexahydro–1,2–dimethyl–4–phenylazepine–4–carboxylate)

5. Amidones, their intermediates, salts, derivatives and salts of intermediates and derivatives including:

(1) Dimethylaminodiphenylbutanonitrile (4–cyano–2–dimethylamino–4,4–diphenylbutane)
(2) Dipipanone (4,4–diphenyl–6–piperidino–3–heptanone)
(3) Isomethadone (6–dimethylamino–5–methyl–4,4–diphenyl–3–hexanone)
(4) Methadone (6–dimethylamino–4,4–diphenyl–3–heptanone)
(5) Normethadone (6–dimethylamino–4,4–diphenyl–3–hexanone)
(6) Norpipanone (4,4–diphenyl–6–piperidino–3–hexanone)
(7) Phenadoxone (6–morpholino–4,4–diphenyl–3–heptanone)

6. Methadols, their salts, derivatives and salts of derivatives including:

(1) Acetylmethadol (6–dimethylamino–4,4–diphenyl–3–heptanol acetate)
(2) Alphacetylmethadol (a–6–dimethylamino–4,4–diphenyl–3–heptanol acetate)
(3) Alphamethadol (a–6–dimethylamino–4,4–diphenyl–3–heptanol)
(4) Betacetylmethadol (ß–6–dimethylamino–4,4–diphenyl–3–heptanol acetate)
(5) Betamethadol (ß–6–dimethylamino–4,4–diphenyl–3–heptanol)
(6) Dimepheptanol (6–dimethylamino–4,4–diphenyl–3–heptanol)
(7) Noracymethadol (a–6–methylamino–4,4–diphenyl–3–heptanol acetate)

7. Phenalkoxams, their salts, derivatives and salts of derivatives including:

(1) Dimenoxadol (dimethylaminoethyl 1–ethoxy–1,1–diphenylacetate)
(2) Dioxaphetyl butyrate (ethyl 2,2–diphenyl–4–morpholinobutyrate)
(3) Dextropropoxyphene ([S–(R*,S*)]–a–[2–(dimethylamino)–1–methylethyl]–a–phenylbenzeneethanol, propanoate ester)

8. Thiambutenes, their salts, derivatives and salts of derivatives including:

(1) Diethylthiambutene (N,N–diethyl–1–methyl–3,3–di–2–thienylallylamine)
(2) Dimethylthiambutene (N,N,1–trimethyl–3,3–di–2–thienylallylamine)
(3) Ethylmethylthiambutene (N–ethyl–N,1–dimethyl–3,3–di–2–thienylallylamine)

9. Moramides, their intermediates, salts, derivatives and salts of intermediates and derivatives including:

(1) Dextromoramide (d–1–(3–methyl–4–morpholino–2,2–diphenylbutyryl)pyrrolidine)
(2) Diphenylmorpholinoisovaleric acid (2–methyl–3–morpholino–1,1–diphenylpropionic acid)
(3) Levomoramide (l–1–(3–methyl–4–morpholino–2,2–diphenylbutyryl)pyrrolidine)
(4) Racemoramide (d,l–1–(3–methyl–4–morpholino–2,2–diphenylbutyryl) pyrrolidine)

10. Morphinans, their salts, derivatives and salts of derivatives including:

(1) Buprenorphine (17–(cyclopropylmethyl)–a–(1,1–dimethylethyl)–4,5–epoxy–18,19–dihydro–3–hydroxy–6–methoxy–a–methyl–6,14–ethenomorphinan–7–methanol)
(2) Drotebanol (6ß,14–dihydroxy–3,4–dimethoxy–17–methylmorphinan)
(3) Levomethorphan (l–3–methoxy–17–methylmorphinan)
(4) Levorphanol (l–3–hydroxy–17–methylmorphinan)
(5) Levophenacylmorphan (l–3–hydroxy–17–phenacylmorphinan)
(6) Norlevorphanol (l–3–hydroxymorphinan)
(7) Phenomorphan (3–hydroxy–17–(2–phenylethyl)morphinan)
(8) Racemethorphan (d,1–3–methoxy–17–methylmorphinan)
(9) Racemorphan (d,l–3–hydroxy–N–methylmorphinan)

but not including

(10) Dextromethorphan (d–1,2,3,9,10,10a–hexahydro–6–methoxy–11–methyl–4H–10,4a–iminoethano–phenanthren)
(11) Dextrorphan (d–1,2,3,9,10,10a–hexahydro–11–methyl–4H–10,4a–iminoethanophenanthren–6–ol)
(12) Levallorphan (l–11–allyl–1,2,3,9,10,10a–hexahydro–4H–10,4a–iminoethanophenanthren–6–ol)
(13) Levargorphan (l–11–propargyl–1,2,3,9,10,10a–hexahydro–4H–10,4a–iminoethanophenanthren–6–ol)
(14) Butorphanol (17–(cyclobutylmethyl)morphinan–3,14–diol)
(15) Nalbuphine (17–(cyclobutylmethyl)–4,5a–epoxymorphinan–3,6a, 14–triol)

11. Benzazocines, their salts, derivatives and salts of derivatives including:

(1) Phenazocine (1,2,3,4,5,6–hexahydro–6,11–dimethyl–3–phenethyl–2,6–methano–3–benzazocin–8–ol)
(2) Metazocine (1,2,3,4,5,6–hexahydro–3,6,11–trimethyl–2,6–methano–3–benzazocin–8–ol)
(3) Pentazocine (1,2,3,4,5,6–hexahydro–6,11–dimethyl–3–(3–methyl–2–butenyl)–2,6–methano–3–benzazocin–8–ol)

but not including

(4) Cyclazocine (1,2,3,4,5,6–hexahydro–6,11–dimethyl–3–(cyclopropylmethyl)–2,6–methano–3–benzazocin–8–ol)

12. Ampromides, their salts, derivatives and salts of derivatives including:

(1) Diampromide (N–[2–(methylphenethylamino)propyl] propionanilide)
(2) Phenampromide (N–(1–methyl–2–piperidino) ethyl) propionanilide)
(3) Propiram (N–(1–methyl–2–piperidinoethyl)–N–2–pyridylpropionamide)

13. Benzimidazoles, their salts, derivatives and salts of derivatives including:

(1) Clonitazene (2–(p–chlorobenzyl)–1–diethylaminoethyl–5–nitrobenzimidazole)
(2) Etonitazene (2–(p–ethoxybenzyl)–1–diethylaminoethyl–5–nitrobenzimidazole)
(3) Bezitramide (1–(3–cyano–3,3–diphenylpropyl)–4–(2–oxo–3–propionyl–1–benzimidazolinyl)–piperidine)

14. Phencyclidine (1-(1-phenylcyclohexyl)piperidine), its salts, derivatives and analogues and salts of derivatives and analogues, including:

(1) Ketamine (2-(2-chlorophenyl)-2-(methylamino)cyclohexanone)

15. Piritramide (1–(3–cyano–3,3–diphenylpropyl)–4–(1–piperidino)piperidine–4–carboxylic acid amide), its salts, derivatives and salts of derivatives

16. Fentanyls, their salts, derivatives, and analogues and salts of derivatives and analogues, including:

(1) Acetyl–a–methylfentanyl (N–[1–(a–methylphenethyl)–4–piperidyl] acetanilide)
(2) Alfentanil (N–[1–[2–(4–ethyl–4,5–dihydro–5–oxo–1H–tetrazol–1–yl)ethyl]–4–(methoxymethyl)–4–piperidyl]propionanilide)
(3) Carfentanil (methyl 4–[(1–oxopropyl)phenylamino]–1–(2–phenethyl)–4–piperidinecarboxylate)
(4) p–Fluorofentanyl (4'fluoro–N–(1–phenethyl–4–piperidyl) propionanilide)
(5) Fentanyl (N–(1–phenethyl–4–piperidyl) propionanilide)
(6) ß–Hydroxyfentanyl (N–[1–(ß–hydroxyphenethyl)–4–piperidyl] propionanilide)
(7) ß–Hydroxy–3–methylfentanyl (N–[1–(ß–hydroxyphenethyl)–3–methyl–4–piperidyl] propionanilide)
(8) a–Methylfentanyl (N–[1–(a–methylphenethyl)–4–piperidyl] propionanilide)
(9) a–Methylthiofentanyl (N–[1–[1–methyl–2–(2–thienyl) ethyl]–4–piperidyl] propionanilide)
(10) 3–Methylfentanyl (N–(3–methyl–1–phenethyl–4–piperidyl) propionanilide)
(11) 3–Methylthiofentanyl (N–[3–methyl–1–[2–(2–thienyl) ethyl]–4–piperidyl] propionanilide)
(11.1) Remifentanil (dimethyl 4-carboxy-4-(N-phenylpropionamido)-1-piperidinepropionate)
(12) Sufentanil (N–[4–(methoxymethyl)–1–[2–(2–thienyl)ethyl]–4–piperidyl] propionanilide)
(13) Thiofentanyl (N–[1–[2–(2–thienyl)ethyl]–4–piperidyl] propionanilide)

17. Tilidine (ethyl2–(dimethylamino)–1–phenyl–3–cyclohexene–1–carboxylate), its salts, derivatives and salts of derivatives

18. Methamphetamine (N,α-dimethylbenzeneethanamine), its salts, derivatives, isomers and analogues and salts of derivatives, isomers and analogues

19. Amphetamines, their salts, derivatives, isomers and analogues and salts of derivatives, isomers and analogues including:

(1) amphetamine (α-methylbenzene-ethanamine)
(2) N-ethylamphetamine (N-ethyl-α-methylbenzeneethanamine)
(3) 4-methyl-2,5-dimethoxyamphetamine (STP) (2,5-dimethoxy-4,α-dimethylbenzeneethanamine)
(4) 3,4-methylenedioxyamphetamine (MDA) (α-methyl-1,3-benzodioxole-5-ethanamine)
(5) 2,5-dimethoxyamphetamine (2,5-dimethoxy-α-methylbenzene-ethanamine)
(6) 4-methoxyamphetamine (4-methoxy-α-methylbenzene­ethanamine)
(7) 2,4,5-trimethoxyamphetamine (2,4,5-trimethoxy-α-methylbenzene­ethanamine)
(8) N-methyl-3,4-methylenedioxy- amphetamine (N,α-dimethyl-1,3-benzodioxole-5-ethanamine)
(9) 4-ethoxy-2,5-dimethoxyamphetamine (4-ethoxy-2,5-dimethoxy-α-methylbenzeneethanamine)
(10) 5-methoxy-3,4-methylenedioxy- amphetamine (7-methoxy-α-methyl-1,3-benzo­dioxole-5-ethanamine)
(11) N,N-dimethyl-3,4-methylenedioxyamphetamine (N,N, α-trimethyl-1,3-benzodioxole-5-ethanamine)
(12) N-ethyl-3,4-methylenedioxyamphetamine (N-ethyl-α-methyl-1,3-benzo­dioxole-5-ethanamine)
(13) 4-ethyl-2,5-dimethoxyamphetamine (DOET) (4-ethyl-2,5-dimethoxy-α-methylbenzeneethanamine)
(14) 4-bromo-2,5-dimethoxyamphetamine (4-bromo-2,5-dimethoxy-α-methylbenzeneethanamine)
(15) 4-chloro-2,5-dimethoxyamphetamine (4-chloro-2,5-dimethoxy-α-methyl-benzeneethanamine)
(16) 4-ethoxyamphetamine (4-ethoxy-α-methylbenzene­ethanamine)
(17) Benzphetamine (N-benzyl-N,α-dimethylbenzene­ethanamine)
(18) N-Propyl-3,4-methylenedioxy- amphetamine (α-methyl-N-propyl-1,3-benzo­dioxole-5-ethanamine)
(19) N-(2-Hydroxyethyl)-α-meth-ylbenzene­ethanamine
(20) N-hydroxy-3,4-methylenedioxy- amphetamine (N-[α-methyl-3,4-(methylenedioxy)phenethyl]hydroxyla­mine)
(21) 3,4,5-trimethoxyamphetamine (3,4,5-trimethoxy-α-methylbenzene­ethanamine)

20. Flunitrazepam (5-(o-fluorophenyl)-1,3-dihydro-1-methyl-7-nitro-2H-1,4-benzodiazepin-2-one) and any of its salts or derivatives

21. 4-hydroxybutanoic acid (GHB) and any of its salts

1996, c. 19, Sch. I; SOR/97-230, ss. 1 to 6; SOR/99-371, ss. 1, 2; SOR/99-421, s. 1(E); SOR/2005-235, s. 1; SOR/2005-271, 337; 2012, c. 1, s. 44; SOR/2012-176.

SCHEDULE II[edit]

(Sections 2, 3, 4 to 7, 10, 29, 55 and 60)

1. Cannabis, its preparations, derivatives and similar synthetic preparations, including

(1) Cannabis resin
(2) Cannabis (marihuana)
(3) Cannabidiol (2–[3–methyl–6–(1–methylethenyl)–2–cyclohexen–1–yl]–5–pentyl–1,3–benzenediol)
(4) Cannabinol (3–n–amyl–6,6,9–trimethyl–6–dibenzopyran–1–ol)
(5) Nabilone ((±)–trans–3–(1,1–dimethylheptyl)–6,6a, 7,8,10,10a–hexahydro–1–hydroxy–6,6–dimethyl–9H–dibenzo[b,d]pyran–9–one)
(6) Pyrahexyl (3–n–hexyl–6,6,9–trimethyl–7,8,9, 10–tetrahydro–6–dibenzopyran–1–ol)
(7) Tetrahydrocannabinol (tetrahydro–6,6,9–trimethyl–3–pentyl–6H–dibenzo[b,d]pyran–1–ol)
(7.1) 3-(1,2-dimethylheptyl)-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran-1-ol (DMHP)

but not including

(8) Non–viable Cannabis seed, with the exception of its derivatives
(9) Mature Cannabis stalks that do not include leaves, flowers, seeds or branches; and fiber derived from such stalks

1996, c. 19, Sch. II; SOR/98-157; SOR/2003-32, s. 1.

SCHEDULE III[edit]

(Sections 2 to 7, 29, 55 and 60)

1. [Repealed 2012, c. 1, s.45]

2. Methylphenidate (a–phenyl–2–piperidineacetic acid methyl ester) and any salt thereof

3. Methaqualone (2–methyl–3–(2–methylphenyl)–4(3H)–quinazolinone) and any salt thereof

4. Mecloqualone (2–methyl–3–(2–chlorophenyl)–4(3H)–quinazolinone) and any salt thereof

5. Lysergic acid diethylamide (LSD) (N,N–diethyllysergamide) and any salt thereof

6. N,N–Diethyltryptamine (DET) (3–[(2–diethylamino) ethyl]indole) and any salt thereof

7. N,N–Dimethyltryptamine (DMT) (3–[(2–dimethylamino) ethyl]indole) and any salt thereof

8. N–Methyl–3–piperidyl benzilate (LBJ) (3–[(hydroxydiphenylacetyl)oxy]–1–methylpiperidine) and any salt thereof

9. Harmaline (4,9–dihydro–7–methoxy–1–methyl–3H–pyrido(3,4–b)indole) and any salt thereof

10. Harmalol (4,9–dihydro–1–methyl–3H–pyrido(3,4–b)indol–7–ol) and any salt thereof

11. Psilocin (3–[2–(dimethylamino)ethyl]–4–hydroxyindole) and any salt thereof

12. Psilocybin (3–[2–(dimethylamino)ethyl]–4–phosphoryloxyindole) and any salt thereof

13. N–(1–phenylcyclohexyl)ethylamine (PCE) and any salt thereof

14. 1–[1–(2–Thienyl) cyclohexyl]piperidine (TCP) and any salt thereof

15. 1–Phenyl–N–propylcyclohexanamine and any salt thereof

16. Rolicyclidine (1-(1-phenylcyclohexyl) pyrrolidine) and any salt thereof

17. Mescaline (3,4,5–trimethoxybenzeneethanamine) and any salt thereof, but not peyote (lophophora)

18. 4–Methylaminorex (4,5–dihydro–4–methyl–5–phenyl–2–oxazolamine) and any salt thereof

19. Cathinone ((–)–a–aminopropiophenone) and any salt thereof

20. Fenetylline (d,l–3,7–dihydro–1,3–dimethyl–7–(2–[(1–methyl–2–phenethyl)amino]ethyl)–1H–purine–2, 6–dione) and any salt thereof

21. 2–Methylamino–1–phenyl–1–propanone and any salt thereof

22. 1–[1–(Phenylmethyl)cyclohexyl]piperidine and any salt thereof

23. 1–[1–(4–Methylphenyl)cyclohexyl]piperidine and any salt thereof

24. 4–bromo–2,5–dimethoxybenzeneethanamine and any salt, isomer or salt of isomer thereof

25. and 26. [Repealed, 2012, c. 1, s. 46]

27. Aminorex (4,5-dihydro-5-phenyl-2-oxazolamine) and any salt thereof

28. Etryptamine (3-(2-aminobutyl)indole) and any salt thereof

29. Lefetamine ((-)-N,N-dimethyl-α-phenylbenzeneethanamine) and any salt thereof

30. Mesocarb (3-(α-methylphenethyl)-N-(phenylcarbamoyl)sydnone imine) and any salt thereof

31. Zipeprol (4-(2-methoxy-2-phenylethyl)-α-(methoxyphenylmethyl)-1-piperazineethanol) and any salt thereof

32. Amineptine (7-[(10,11-dihydro-5H-dibenzo[a,d]cyclohepten-5-yl)amino]heptanoic acid) and any salt thereof

33. Benzylpiperazine [BZP], namely 1-benzylpiperazine and its salts, isomers and salts of isomers

34. Trifluoromethylphenylpiperazine [TFMPP], namely 1-(3-trifluoromethylphenyl)piperazine and its salts, isomers and salts of isomers

1996, c. 19, Sch. III; SOR/97-230, ss. 7 to 10; SOR/98-173, s. 1; SOR/2000-220, s. 1; SOR/2003-32, ss. 2, 3, 4(F), 5; SOR/2003-412; SOR/2005-235, s. 2; SOR/2012-66.

SCHEDULE IV[edit]

(Sections 2 to 4, 5 to 7, 29, 55 and 60)

1. Barbiturates, their salts and derivatives including

(1) Allobarbital (5,5–diallylbarbituric acid)
(2) Alphenal (5–allyl–5–phenylbarbituric acid)
(3) Amobarbital (5–ethyl–5–(3–methylbutyl)barbituric acid)
(4) Aprobarbital (5–allyl–5–isopropylbarbituric acid)
(5) Barbital (5,5–diethylbarbituric acid)
(6) Barbituric Acid (2,4,6(1H,3H,5H)–pyrimidinetrione)
(7) Butabarbital (5–sec–butyl–5–ethylbarbituric acid)
(8) Butalbital (5–allyl–5–isobutylbarbituric acid)
(9) Butallylonal (5–(2–bromoallyl)–5–sec–butylbarbituric acid)
(10) Butethal (5–butyl–5–ethylbarbituric acid)
(11) Cyclobarbital (5–(1–cyclohexen–1–yl)–5–ethylbarbituric acid)
(12) Cyclopal (5–allyl–5–(2–cyclopenten–1–yl)barbituric acid)
(13) Heptabarbital (5–(1–cyclohepten–1–yl)–5–ethylbarbituric acid)
(14) Hexethal (5–ethyl–5–hexylbarbituric acid)
(15) Hexobarbital (5–(1–cyclohexen–1–yl)–1,5–dimethylbarbituric acid)
(16) Mephobarbital (5–ethyl–1–methyl–5–phenylbarbituric acid)
(17) Methabarbital (5,5–diethyl–1–methylbarbituric acid)
(18) Methylphenobarbital (5–ethyl–1–methyl–5–phenylbarbituric acid)
(19) Propallylonal (5–(2–bromoallyl)–5–isopropylbarbituric acid)
(20) Pentobarbital (5–ethyl–5–(1–methylbutyl)barbituric acid)
(21) Phenobarbital (5–ethyl–5–phenylbarbituric acid)
(22) Probarbital (5–ethyl–5–isopropylbarbituric acid)
(23) Phenylmethylbarbituric Acid (5–methyl–5–phenylbarbituric acid)
(24) Secobarbital (5–allyl–5–(1–methylbutyl)barbituric acid)
(25) Sigmodal (5–(2–bromoallyl)–5–(1–methylbutyl) barbituric acid)
(26) Talbutal (5–allyl–5–sec–butylbarbituric acid)
(27) Vinbarbital (5–ethyl–5–(1–methyl–1–butenyl)barbituric acid)
(28) Vinylbital (5–(1–methylbutyl)–5–vinylbarbituric acid)

2. Thiobarbiturates, their salts and derivatives including:

(1) Thialbarbital (5–allyl–5–(2–cyclohexen–1–yl)–2–thiobarbituric acid)
(2) Thiamylal (5–allyl–5–(1–methylbutyl)–2–thiobarbituric acid)
(3) Thiobarbituric Acid (2–thiobarbituric acid)
(4) Thiopental (5–ethyl–5–(1–methylbutyl)–2–thiobarbituric acid)

3. Chlorphentermine (1–(p–chlorophenyl)–2–methyl–2–aminopropane) and any salt thereof

4. Diethylpropion (2–(diethylamino)propiophenone) and any salt thereof

5. Phendimetrazine (d–3,4–dimethyl–2–phenylmorpholine) and any salt thereof

6. Phenmetrazine (3–methyl–2–phenylmorpholine) and any salt thereof

7. Pipradol (a,a–diphenyl–2–piperidinemethanol) and any salt thereof

8. Phentermine (a,a–dimethylbenzeneethanamine) and any salt thereof

9. Butorphanol (l–N–cyclobutylmethyl–3,14–dihydroxymorphinan) and any salt thereof

10. Nalbuphine (N–cyclobutylmethyl–4,5–epoxy–morphinan–3,6,14–triol) and any salt thereof

11. Glutethimide (2–ethyl–2–phenylglutarimide)

12. Clotiazepam (5–(o–chlorophenyl)–7–ethyl–1,3–dihydro–1–methyl–2H–thieno[2,3–e]–1,4–diazepin–2–one) and any salt thereof

13. Ethchlorvynol (ethyl–2–chlorovinyl ethynyl carbinol)

14. Ethinamate (1–ethynylcyclohexanol carbamate)

15. Mazindol (5–(p–chlorophenyl)–2,5–dihydro–3H–imidazo[2,1–a]isoindol–5–ol)

16. Meprobamate (2–methyl–2–propyl–1,3–propanediol dicarbamate)

17. Methyprylon (3,3–diethyl–5–methyl–2,4–piperidinedione)

18. Benzodiazepines, their salts and derivatives, including:

(1) Alprazolam (8–chloro–1–methyl–6–phenyl–4H–s–triazolo[4,3–a][1,4] benzodiazepine)
(2) Bromazepam (7–bromo–1,3–dihydro–5–(2–pyridyl)–2H–1, 4–benzodiazepin–2–one)
(2.1) Brotizolam (2-bromo-4-(o-chlorophenyl)-9-methyl-6H-thieno[3,2-f]-s-triazolo[4,3-a][1,4]diazepine)
(3) Camazepam (7–chloro–1,3–dihydro–3–(N,N–dimethylcarbamoyl)–1–methyl–5–phenyl–2H–1, 4–benzodiazepin–2–one)
(4) Chlordiazepoxide (7–chloro–2–(methylamino)–5–phenyl–3H–1,4–benzodiazepine–4–oxide)
(5) Clobazam (7–chloro–1–methyl–5–phenyl–1H–1,5–benzodiazepine–2,4(3H,5H)–dione)
(6) Clonazepam (5–(o–chlorophenyl)–1,3–dihydro–7–nitro–2H–1,4–benzodiazepin–2–one)
(7) Clorazepate (7–chloro–2,3–dihydro–2,2–dihydroxy–5–phenyl–1H–1,4–benzodiazepine–3–carboxylic acid)
(8) Cloxazolam (10–chloro–11b–(o–chlorophenyl)–2,3, 7,11b–tetrahydrooxazolo[3,2–d][1,4]benzodiazepin 6–(5H)–one)
(9) Delorazepam (7–chloro–5–(o–chlorophenyl)–1,3–dihydro–2H–1,4–benzodiazepin–2–one)
(10) Diazepam (7–chloro–1,3–dihydro–1–methyl–5–phenyl–2H–1,4–benzodiazepin–2–one)
(11) Estazolam (8–chloro–6–phenyl–4H–s–triazolo [4,3–a][1,4]benzodiazepine)
(12) Ethyl Loflazepate (ethyl 7–chloro–5–(o–fluorophenyl)–2,3–dihydro–2–oxo–1H–1,4–benzodiazepine–3–carboxylate)
(13) Fludiazepam (7–chloro–5–(o–fluorophenyl)–1,3–dihydro–1–methyl–2H–1,4–benzodiazepin–2–one)
(14) [Repealed, SOR/98-173, s. 2]
(15) Flurazepam (7–chloro–1–[2–(diethylamino) ethyl]–5–(o–fluorophenyl)–1,3–dihydro–2H–1,4–benzodiazepin–2–one)
(16) Halazepam (7–chloro–1,3–dihydro–5–phenyl–1–(2,2,2–trifluoroethyl)–2H–1,4–benzodiazepin–2–one)
(17) Haloxazolam (10–bromo–11b–(o–fluorophenyl)–2,3,7,11b–tetrahydrooxazolo[3,2–d][1,4]benzodiazepin–6(5H)–one)
(18) Ketazolam (11–chloro–8,12b–dihydro–2,8–dimethyl–12b–phenyl–4H–[1,3]–oxazino–[3,2–d][1,4] benzodiazepine–4,7(6H)–dione)
(19) Loprazolam (6–(o–chlorophenyl)–2,4–dihydro–2–[(4–methyl–1–piperazinyl)methylene]–8–nitro–1H–imidazo[1,2–a][1,4]benzodiazepin–1–one)
(20) Lorazepam (7–chloro–5–(o–chlorophenyl)–1,3–dihydro–3–hydroxy–2H–1,4–benzodiazepin–2–one)
(21) Lormetazepam (7–chloro–5–(o–chlorophenyl)–1,3–dihydro–3–hydroxy–1–methyl–2H–1,4–benzodiazepin–2–one)
(22) Medazepam (7–chloro–2,3–dihydro–1–methyl–5–phenyl–1H–1,4–benzodiazepine)
(22.1) Midazolam (8-chloro-6-(o-fluorophenyl)-1-methyl-4H-imidazo[1,5-a][1,4]benzodiazepine)
(23) Nimetazepam (1,3–dihydro–1–methyl–7–nitro–5–phenyl–2H–1,4–benzodiazepin–2–one)
(24) Nitrazepam (1,3–dihydro–7–nitro–5–phenyl–2H–1,4–benzodiazepin–2–one)
(25) Nordazepam (7–chloro–1,3–dihydro–5–phenyl–2H–1,4–benzodiazepin–2–one)
(26) Oxazepam (7–chloro–1,3–dihydro–3–hydroxy–5–phenyl–2H–1,4–benzodiazepin–2–one)
(27) Oxazolam (10–chloro–2,3,7,11b–tetrahydro–2–methyl–11b–phenyloxazolo[3,2–d] [1,4]benzodiazepin–6(5H)–one)
(28) Pinazepam (7–chloro–1,3–dihydro–5–phenyl–1–(2–propynyl)–2H–1,4–benzodiazepin–2–one)
(29) Prazepam (7–chloro–1–(cyclopropylmethyl)–1, 3–dihydro–5–phenyl–2H–1,4–benzodiazepin–2–one)
(29.1) Quazepam (7-chloro-5-(o-fluorophenyl)-1,3-dihydro-1-(2,2,2-trifluoroethyl)-2H-1,4-benzodiazepine-2-thione)
(30) Temazepam (7–chloro–1,3–dihydro–3–hydroxy–1–methyl–5–phenyl–2H–1,4–benzodiazepin–2–one)
(31) Tetrazepam (7–chloro–5–(cyclohexen–1–yl)–1,3–dihydro–1–methyl–2H–1,4–benzodiazepin–2–one)
(32) Triazolam (8–chloro–6–(o–chlorophenyl)–1–methyl–4H–s–triazolo[4,3–a][1,4]benzodiazepine)

but not including:

(32.1) Clozapine (8-chloro-11-(4-methyl-1-piperazinyl)-5H-dibenzo[b,e][1,4]diazepine) and any salt thereof
(33) Flunitrazepam (5-(o-fluorophenyl)-1,3-dihydro-1-methyl-7-nitro-2H-1,4-benzodiazepin-2-one) and any salts or derivatives thereof
(34) Olanzapine (2-methyl-4-(4-methyl-1-piperazinyl)-10H-thieno[2,3-b][1,5]benzodiazepine) and its salts

19. Catha edulis Forsk., its preparations, derivatives, alkaloids and salts, including:

(1) Cathine (d–threo–2–amino–1–hydroxy–1–phenylpropane)

20. Fencamfamin (d,l–N–ethyl–3–phenylbicyclo[2,2,1] heptan–2–amine) and any salt thereof

21. Fenproporex (d,l–3–[(a–methylphenethyl)amino]propionitrile) and any salt thereof

22. Mefenorex (d,l–N–(3–chloropropyl)–a–methylbenzeneethanamine) and any salt thereof

23. Anabolic steroids and their derivatives including:

(1) Androisoxazole (17ß–hydroxy–17a–methylandrostano [3,2–c]isoxazole)
(2) Androstanolone (17ß–hydroxy–5a–androstan–3–one)
(3) Androstenediol (androst–5–ene–3ß,17ß–diol)
(4) Bolandiol (estr–4–ene–3ß,17ß–diol)
(5) Bolasterone (17ß–hydroxy–7a,17–dimethylandrost–4–en–3–one)
(6) Bolazine (17ß–hydroxy–2a–methyl–5a–androstan–3–one azine)
(7) Boldenone (17ß–hydroxyandrosta–1,4–dien–3–one)
(8) Bolenol (19–nor–17a–pregn–5–en–17–ol)
(9) Calusterone (17ß–hydroxy–7ß,17–dimethylandrost–4–en–3–one)
(10) Clostebol (4–chloro–17ß–hydroxyandrost–4–en–3–one)
(11) Drostanolone (17ß–hydroxy–2a–methyl–5a–androstan–3–one)
(12) Enestebol (4, 17ß–dihydroxy–17–methylandrosta–1,4–dien–3–one)
(13) Epitiostanol (2a, 3a–epithio–5a–androstan–17ß–ol)
(14) Ethylestrenol (19–nor–17a–pregn–4–en–17–ol)
(15) 4–Hydroxy–19–nor testosterone
(16) Fluoxymesterone (9–fluoro–11ß,17ß–dihydroxy–17–methylandrost–4–en–3–one)
(17) Formebolone (11a, 17ß–dihydroxy–17–methyl–3–oxoandrosta–1,4 di–en–2–carboxaldehyde)
(18) Furazabol (17–methyl–5a–androstano[2,3–c] furazan–17ß–ol)
(19) Mebolazine (17ß–hydroxy–2a,17–dimethyl–5a–androstan–3–one azine)
(20) Mesabolone (17ß–[(1–methoxycyclohexyl)oxy]–5a–androst–1–en–3–one)
(21) Mesterolone (17ß–hydroxy–1a–methyl–5a–androstan–3–one)
(22) Metandienone (17ß–hydroxy–17–methylandrosta–1,4–dien–3–one)
(23) Metenolone (17ß–hydroxy–1–methyl–5a–androst–1–en–3–one)
(24) Methandriol (17a–methylandrost–5–ene–3ß,17ß–diol)
(25) Methyltestosterone (17ß–hydroxy–17–methylandrost–4–en–3–one)
(26) Metribolone (17ß–hydroxy–17–methylestra–4, 9,11–trien–3–one)
(27) Mibolerone (17ß–hydroxy–7a,17–dimethylestr–4–en–3–one)
(28) Nandrolone (17ß–hydroxyestr–4–en–3–one)
(29) Norboletone (13–ethyl–17ß–hydroxy–18, 19–dinorpregn–4–en–3–one)
(30) Norclostebol (4–chloro–17ß–hydroxyestr–4–en–3–one)
(31) Norethandrolone (17a–ethyl–17ß–hydroxyestr–4–en–3–one)
(32) Oxabolone (4,17ß–dihydroxyestr–4–en–3–one)
(33) Oxandrolone (17ß–hydroxy–17–methyl–2–oxa–5a–androstan–3–one)
(34) Oxymesterone (4,17ß–dihydroxy–17–methylandrost–4–en–3–one)
(35) Oxymetholone (17ß–hydroxy–2–(hydroxymethylene)–17–methyl–5a–androstan–3–one)
(36) Prasterone (3ß–hydroxyandrost–5–en–17–one)
(37) Quinbolone (17ß–(1–cyclopenten–1–yloxy) androsta–1,4–dien–3–one)
(38) Stanozolol (17ß–hydroxy–17–methyl–5a–androstano [3,2–c]pyrazole)
(39) Stenbolone (17ß–hydroxy–2–methyl–5a–androst–1–en–3–one)
(40) Testosterone (17ß–hydroxyandrost–4–en–3–one)
(41) Tibolone ((7a,17a)-17–hydroxy–7–methyl–19–norpregn–5(10) en–20–yn–3–one)
(42) Tiomesterone (1a,7a–bis(acetylthio)–17ß–hydroxy–17–methylandrost–4–en–3–one)
(43) Trenbolone (17ß–hydroxyestra–4,9,11–trien–3–one)

24. Zeranol (3,4,5,6,7,8,9,10,11,12–decahydro–7,14,16–trihydroxy–3–methyl–1H–2–benzoxacyclotetradecin–1–one)

25. Zolpidem (N,N,6-trimethyl-2-(4-methylphenyl)imidazo[1,2-a]pyridine-3-acetamide) and any salt thereof

25.1 Pemoline (2-amino-5-phenyl-oxazolin-4-one) and any salt thereof

26. Pyrovalerone (4'-methyl-2-(1-pyrrolidinyl)valerophenone) and any salt thereof

1996, c. 19, Sch. IV; SOR/97-230, ss. 11 to 15; SOR/98-173, s. 2; SOR/99-371, s. 3; SOR/99-421, s. 2(E); SOR/2000-220, s. 2; SOR/2003-32, s. 6; SOR/2003-37.

SCHEDULE V[edit]

(Sections 2, 4, 6, 55 and 60)

1. [Repealed, SOR/2002-361, s. 1]

2. Propylhexedrine (1–cyclohexyl–2–methylaminopropane) and any salt thereof

3. [Repealed, SOR/2003-32, s. 7]

1996, c. 19, Sch. V; SOR/2002-361, s. 1; SOR/2003-32, s. 7.

SCHEDULE VI[edit]

(Sections 2, 6, 55 and 60)

PART 1

CLASS A PRECURSORS 1

1. Acetic anhydride

2. N-Acetylanthranilic acid (2-acetamidobenzoic acid) and its salts

3. Anthranilic acid (2-aminobenzoic acid) and its salts

4. Ephedrine (erythro-2-(methylamino)-1-phenylpropan-1-ol), its salts and any plant containing ephedrine or any of its salts

5. Ergometrine (9,10-didehydro-N-(2-hydroxy-1-methylethyl)-6-methylergoline-8-carboxamide) and its salts

6. Ergotamine (12'-hydroxy-2'-methyl-5'-(phenylmethyl)ergotaman-3',6',18-trione) and its salts

7. Isosafrole (5-(1-propenyl)-1,3-benzodioxole)

8. Lysergic acid (9,10-didehydro-6-methylergoline-8-carboxylic acid) and its salts

9. 3,4-Methylenedioxyphenyl-2-propanone (1-(1,3-benzodioxole)-2-propanone)

10. Norephedrine (Phenylpropanolamine) and its salts

11. 1-Phenyl-2-propanone

12. Phenylacetic acid and its salts

13. Piperidine and its salts

14. Piperonal (1,3-benzodioxole-5-carboxaldehyde)

15. Potassium permanganate

16. Pseudoephedrine (threo-2-(methylamino)-1-phenylpropan-1-ol), its salts and any plant containing pseudoephedrine or any of its salts

17. Safrole (5-(2-propenyl)-1,3-benzodioxole) and any essential oil containing more than 4% safrole

18. Gamma-butyrolactone (dihydro-2(3H)-furanone)

19. 1,4-butanediol

20. Red Phosphorus

21. White Phosphorus

22. Hypophosphorous acid, its salts and derivatives

23. Hydriodic acid

1 Each Class A precursor includes synthetic and natural forms.

PART 2

CLASS B PRECURSORS 1

1. Acetone

2. Ethyl ether

3. Hydrochloric acid

4. Methyl ethyl ketone

5. Sulphuric acid

6. Toluene

1 Each Class B precursor includes synthetic forms.

PART 3

PREPARATIONS AND MIXTURES

1. Any preparation or mixture that contains a precursor set out in Part 1, except items 20 to 23, or in Part 2.

1996, c. 19, Sch. VI; SOR/2002-361, s. 2; 2005-364, ss. 1, 2, 3(F), 4.

SCHEDULE VII[edit]

(Sections 5 and 60)

Substance

Amount

1. Cannabis resin

3 kg

2. Cannabis (marihuana)

3 kg

SCHEDULE VIII[edit]

(Sections 4 and 60)

Substance

Amount

1. Cannabis resin

1 g

2. Cannabis (marihuana)

30 g

Source[edit]