Drug Charges Under Canada’s Controlled Drugs and Substances Act

The Controlled Drugs and Substances Act, often called the CDSA, is the main federal law dealing with illegal controlled substances in Canada. It lists controlled substances in different schedules and sets out several drug-related offences.

Common Drug Charges

One common charge is possession of a controlled substance. This generally involves knowingly having an illegal controlled substance in your personal possession or under your control.

Another charge is possession for the purpose of trafficking. This is more serious than simple possession because the allegation is that the person had the substance for the purpose of giving, selling or otherwise distributing it.

Under the CDSA, trafficking does not only mean selling drugs for money. It can also include giving, transferring, transporting, sending or delivering a controlled substance—or offering to do any of those things.

Other offences include:

  • producing a controlled substance;

  • importing a controlled substance into Canada;

  • exporting a controlled substance from Canada; and

  • possessing a substance for the purpose of exporting it.[2]

Possible Penalties

The possible penalty depends on several factors, including:

  • the type and schedule of the substance;

  • the amount involved;

  • the specific charge;

  • whether the case proceeds by indictment or summary conviction;

  • the person’s criminal record; and

  • whether aggravating circumstances are present.

Simple-possession charges can lead to fines, probation or imprisonment. The maximum sentence for possession varies depending on the schedule of the substance.

Trafficking, importing, exporting and producing substances listed in Schedules I or II are indictable offences with a maximum sentence of life imprisonment. This is the maximum allowed by law and is not the sentence imposed in every case.

A court may treat the offence more seriously if it involved large volumes of drugs, violence, a weapon, a person under 18, or trafficking near a school or another place commonly used by young people.

If you are charged with an offence under the CDSA you should speak to a lawyer about your case.