NARCOTIC CONTROL ACT

The Narcotic Control Act has now been replaced by the Controlled Drugs and Substances Act. Narcotic is defined as including opium, cocaine, marijuana, and similar synthetics such as amodines, morphinans, fentanyl, and nabilone.

POSSESSION OF ANY NARCOTIC

Indictment: 7 years
Summary Conviction: First offence: 6 months and/or $1000 fine
Second Offence: 1 year and/or $2000 fine

TRAFFICKING IN ANY NARCOTIC OR ANYTHING HELD OUT TO BE A NARCOTIC, POSSESSION FOR THE PURPOSES OF TRAFFICKING

Indictment only: Life Imprisonment

IMPORTATION OF EXPORTATION OF ANY NARCOTIC

Indictment only: Maximum Life Imprisonment, minimum 7 years (the minimum 7 year penalty was deemed unconstitutional in 1987)

CULTIVATION OF OPIUM OR MARIJUANA

Indictment only: 7 years

FOOD AND DRUG ACT

The Food and Drug Act has now been replaced by the Controlled Drugs and Substances Act. Examples of controlled drugs include: amphetamine, methaqualone, phenmetrazine. Examples of restricted drugs include: LSD, DMT, MDA)

TRAFFICKING IN A CONTROLLED OR RESTRICTED DRUG, OR POSSESSION FOR THE PURPOSES OF TRAFFICKING

Indictment 10 years
Summary Conviction 18 months

POSSESSION OF A RESTRICTED DRUG

Indictment3 years and/or $5,000 fine
Summary Conviction First offence: 6 months and/or $2000 fine
Second Offence 1 year and/or $5000 fine

CONTROLLED DRUG AND SUBSTANCES ACT

 This act, and the penalties within, replace both the Food and Drug Act and the Narcotic Control Act.

POSSESSION OF A SCHEDULE 1 SUBSTANCE

Indictment7 years
Summary Conviction First offence: 6 months and/or $1000 fine
Second Offence 1 year and/or $2000 fine
POSSESSION OF MARIJUANA (SCHEDULE 2)
Indictment5 years less a day
(no trial by jury)
Summary Conviction: as for Schedule 1

POSSESSION OF LESS THEN 30 GRAMS OF MARIJUANA OR 1 GRAM OF RESIN

Summary Conviction only: First offence: 6 months and/or $1000 fine
(The RCMP is not supposed to photograph or fingerprint those charged with a strictly summary conviction offence, although there would still be a criminal record entered into their computer database)

POSSESSION OF A SCHEDULE 3 SUBSTANCE

Indictment3 years
Summary Conviction as for Schedule 1

TRAFFICKING IN SCHEDULE 1 OR 2 SUBSTANCES (EXCEPT IN CASES OF LESS THEN 3KG OF MARIJUANA) OR POSSESSION FOR THE PURPOSES OF TRAFFICKING

Indictment onlylife imprisonment

TRAFFICKING IN LESS THAN 3KG OF MARIJUANA, OR POSESSION OF LESS THAN 3KG FOR THE PURPOSES OF TRAFFICKING

Indictment only:5 years less a day
(no trial by jury)

TRAFFICKING IN A SCHEDULE 3 SUBSTANCE

Indictment10 years
Summary Conviction18 months

TRAFFICKING IN A SCHEDULE 4 SUBSTANCE

Indictment3 years
Summary Conviction1 year

IMPORTATION OR EXPORTATION OF A SCHEDULE 1 OR 2 SUBSTANCE

Indictment onlylife imprisonment

IMPORTATION OR EXPORTATION OF A SCHEDULE 3 OR 6 SUBSTANCE

Indictment10 years
Summary Conviction18 months

IMPORTATION OR EXPORTATION OF A SCHEDULE 4 OR 5 SUBSTANCE

Indictment3 years
Summary Conviction1 year

PRODUCTION OF A SCHEDULE 1 SUBSTANCE

Indictment onlylife imprisonment

PRODUCTION OF A SCHEDULE 2 SUBSTANCE (CANNABIS)

Indictment only7 years

PRODUCTION OF A SCHEDULE 3 SUBSTANCE

Indictment10 years
Summary Conviction18 months

PRODUCTION OF A SCHEDULE 4 SUBSTANCE

Indictment3 years
Summary Conviction1 months

SCHEDULES

SCHEDULE 1 Those drugs already listed in the Narcotic Control Act, including opium, heroin, morphine, coca leaves, cocaine, methadols, moramides and fentanyl.

SCHEDULE 2 All forms of cannabis, cannabis resin, and "similar synthetics" like nabilone. Specifically excludes non-viable seed and a stalk that has been stripped of leaves and branches.

SCHEDULE 3 Stimulants and hallucinogens listed in the Food and Drug Act, including amphetamine, quaaludes, psilocybe, LSD, DMT, MDA.

SCHEDULE 4 Some prescribed drugs, anabolic steroids, weight reduction drugs (anorexiants), sedatives such as barbituates and benzodiazepines (better known as Seconal, Valium and Librium), and khat. (Khat is a currently legal herb which is used culturally by Somalians.)

SCHEDULE 5 Ingredients which may appear in non-prescription medication, including phenylpropanolamine and propylhexedrine.

SCHEDULE 6 Certain precursors (substances commonly used to manufacture some of the other listed drugs).