Controlled Drugs and Substances Act

Marginal note: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.

• Marginal note: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.

• Marginal note:Punishment

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

  • (a) subject to paragraph (a.1), if 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, and

    • (i) to a minimum punishment of imprisonment for a term of one year if

      • (A) the person committed the offence for the benefit of, at the direction of or in association with a criminal organization, as defined in subsection 467.1(1) of the Criminal Code,

      • (B) the person used or threatened to use violence in committing the offence,

      • (C) the person carried, used or threatened to use a weapon in committing the offence, or

      • (D) the person was convicted of a designated substance offence, or had served a term of imprisonment for a designated substance offence, within the previous 10 years, or

    • (ii) to a minimum punishment of imprisonment for a term of two years if

      • (A) the person committed the offence 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 18 years,

      • (B) the person committed the offence in a prison, as defined in section 2 of the Criminal Code, or on its grounds, or

      • (C) the person used the services of a person under the age of 18 years, or involved such a person, in committing the offence;

  • (a.1) if the subject matter of the offence is a substance included in Schedule II in an amount that is not more than the amount set out for that substance in Schedule VII, is guilty of an indictable offence and liable to imprisonment for a term of not more than five years less a day;

  • (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

  • (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.

• (4) [Repealed, 2012, c. 1, s. 39]

• Marginal note:Interpretation

  (5) For the purposes of applying subsection (3) 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.

• Marginal note:Interpretation

  (6) For the purposes of paragraph (3)(a.1) 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.