Canadian Criminal Sentencing/Offences/Drug Trafficking (Schedule IV)
|Drug Trafficking (Sch. IV)|
|Section 5 of the Controlled Drugs and Substances Act|
|Election / Plea|
|Jurisdiction||Prov. Court |
SC Judge + PI (indict.)
SC Jury + PI (indict.)
|Avail. Disp. (Summ.)||Discharge|
|Maximum||1 year jail|
|Maximum||3 years jail|
|Offence Elements |
|Trafficking (Sch. I), (Sch. II), (Sch. III)|
Legislation[edit | edit source]
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.
(3) Every person who contravenes subsection (1) or (2)
- (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.
(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.
Application[edit | edit source]
- For principles on Drug Offences Generally, see Drug Offences
Schedule IV: Barbiturates, Steroids, etc.[edit | edit source]
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 | edit source]
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See Also[edit | edit source]
- Canadian Criminal Sentencing/Offences/Offences by Penalty
- Canadian Criminal Law/Appendix/CDSA Schedules