Canadian Criminal Sentencing/Offences/Drug Trafficking (Schedule III)

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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]