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, IV or V 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, IV or V.

• Marginal note:Punishment

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

  • (a) 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  • (a.1) [Repealed, 2018, c. 16, s. 196]

  • (b) if the subject matter of the offence is a substance included in Schedule III or V,

    • (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, IV or V includes a reference to any substance represented or held out to be a substance included in that Schedule.

• (6) [Repealed, 2018, c. 16, s. 196]