What Is Controlled Drugs and Substances Act in Canada? In most parts of the world, the drug is not only illegal but also a punishable crime.
Countries have strict laws and regulations against drug usage or even possession.
Canada has something like that called the Controlled Drugs and Substances Act.
Here is all you need to about what is Controlled Drugs and Substances Act in Canada and how that works.
What Is Controlled Drugs and Substances Act in Canada: In Brief
In Canada, the Controlled Drugs and Substances Act (CDSA) provides several offences and penalties related to prohibited drugs and substances.
A Regina drugs lawyer can give you the idea of it precisely.
Here, the primary offences are possession (e.g. keeping them at home), trafficking (selling or buying), importing and exporting, and producing drugs (e.g. growing plants in his garage).
What Drugs and Substances Are Prohibited In Canada?
The main prohibited drugs are divided into six categories. The following table shows how the most popular drugs and substances are distributed in the CDSA:
|Category I||Cocaine, methamphetamine (Speed or Crystal Meth), phencyclidine (PCP), ketamine (date rape drug), codeine, morphine, opium, and heroin|
|Category II||Cannabis (marijuana) and its derivatives, such as cannabis resin, are no longer included in this schedule. As of October 17, 2018, the Cannabis Act provides for cannabis offences and penalties.|
|Category III||Mescaline, ecstasy, psilocybin (magic mushroom), and benzylpiperazine (BZP or Bath Salts)|
|Category IV||Barbiturates, anabolic steroids, Librium and valium|
|Category V||Propylhexedrine, used in the manufacture of other drugs|
|Category VI||Ephedrine or pseudoephedrine, used in the manufacture of other drugs|
What Are the Legal Drugs In Canada?
Indeed, some drugs are legal for consumption in Canada, including:
- The cigarettes
- The alcohol
Even if the consumption of these drugs is legal, it is nevertheless necessary to respect the laws and regulations governing them. For example: The Cannabis Act, which includes, among other things, the authorized quantities.
What Are the Offences Related to the Controlled Drugs and Substances Act?
There are 6 offences discussed shortly here.
The Offence of General Possession
Keeping illegal products with full consciousness and consent is a crime. It can be by more than one person too. So, just keeping drugs will fall under three categories: personal possession, putative possession, and joint possession.
Simple Possession Offence
Simple possession is what you might call personal possession. According to the judgment of the Supreme Court of Canada, the essential elements of this category are:
- Some form of physical contact between the accused and the drug;
- A measure of control exercised by the accused over drugs;
- And the accused’s knowledge of what the substance is.
In short, the formula is simple: Simple Possession = Control + Knowledge.
The Offence of Possession for Exportation
Possession for the purpose of export involves the same criteria as simple possession. That is, the accused must have some control as well as some knowledge of the substance. There must also be a special intention, which of taking her across borders.
The Offense of Trafficking in Drugs and Other Substances
The essential elements of the trafficking offence are making an offer and intent to make that offer. In addition, the fact of helping someone to obtain a substance makes him an accomplice. And therefore, he commits the offence of trafficking. For example: by referring a contact.
The Offense of Production of Drugs and Other Substances
The essential elements of production are the knowledge that the cultivation, multiplication, or harvesting of the substance. Also, it includes the knowledge of the nature of the substance produced. The prosecution must prove beyond a reasonable doubt that the accused cultivated, propagated, or harvested the substance.
Suppose someone intends to assist a person in committing the offence. In that case, that person could be charged with participation in that offence.
Import and Export Offence
The offence of importing and exporting is complete when the contraband enters or leaves the country. There also has to be knowledge that importing or exporting is illegal and wanting to do so anyway. So, there has to be an intention to import or export an illicit substance. It is not necessary to have knowledge of the nature of the illegal substance for there to be an intention.
Penalties and Consequences for Drug-Related Charges
Depending on the substance, the type of charge, and the legal route used, the sentences vary widely and can range up to a sentence of life imprisonment.
Final Verdict: What Is Controlled Drugs and Substances Act in Canada?
Faced with the extent of these penalties, we strongly advise you to contact a specialized lawyer. He must know what the Controlled Drugs and Substances Act in Canada is. He will be able to give you the true picture of the penalties you incur depending on the facts surrounding your case.