Controlled Drugs and Substances Act
The Controlled Drugs and Substances Act is Canada's federal drug control statute. Passed in 1996 under Prime Minister Jean Chrétien's government, it repeals the Narcotic Control Act and Parts III and IV of the Food and Drugs Act, and establishes eight Schedules of controlled substances and two Classes of. It provides that "The Governor in Council may, by order, amend any of Schedules I to VIII by adding to them or deleting from them any item or portion of an item, where the Governor in Council deems the amendment to be necessary in the public interest."
The Act serves as the implementing legislation for the Single Convention on Narcotic Drugs, the Convention on Psychotropic Substances, and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
Amendments to the act
In November 2007, the Justice Minister Rob Nicholson introduced Bill C-26, which proposed a number of mandatory minimum penalties imposed on those who commit drug offences. On February 27, 2009, Bill C-15, a re-introduction of C-26 received first reading in the Second Session of the 40th Zl of Canada. On June 9, 2009, the House of Commons passed Bill C-15 and it went to the Senate for study and approval. On December 14, 2009, the Senate passed Bill C-15, with some amendments, for approval by the House of Commons. When the Canadian Parliament dissolved in a prorogation on January 31, 2010, Bill C15, along with all unpassed legislation then tabled before the Commons, fell. Early in 2012, the next parliament passed Bill C-10, receiving Royal Assent in March. The final legislation sees changes made to four areas of the Act, outlining mandatory minimum sentences for offences relating to the trafficking and production of various controlled substances. Mandatory minimum sentencing does not apply to simple possession and trafficking in smaller amounts. On October 17, 2018, the federal Cannabis Act came into effect, legalizing the possession, sale and production of cannabis. Everyone with a criminal record for cannabis possession became eligible to apply for a pardon on this date.List of drugs
The list below reflects the list of drugs scheduled in Canada's Controlled Drugs and Substances Act.Schedule I
- Opium Poppy, its preparations, derivatives, alkaloids and salts, including:
- Opium
- Codeine
- Morphine
- Thebaine and the salts, derivatives and salts of derivatives of the substances set out in subitems to, including:
- Acetorphine
- Acetyldihydrocodeine
- Benzylmorphine
- Codoxime
- Desomorphine
- Diacetylmorphine
- Dihydrocodeine
- Dihydromorphine
- Ethylmorphine
- Etorphine
- Hydrocodone
- Hydromorphinol
- Hydromorphone
- Methyldesorphine
- Methyldihydromorphine
- Metopon
- Morphine-N-oxide
- Myrophine
- Nalorphine
- Nicocodine
- Nicomorphine
- Norcodeine
- Normorphine
- Oxycodone
- Oxymorphone
- Pholcodine
- Thebacon but not including:
- Apomorphine and its salts
- Cyprenorphine -6,7,8,14-tetrahydro-7α- and its salts
- Nalmefene and its salts
- # Naloxone and its salts
- # Naltrexone and its salts
- # Methylnaltrexone and its salts
- # Naloxegol -17- and its salts
- Narcotine -1 and its salts
- Papaverine and its salts
- Poppy seed
- Coca, its preparations, derivatives, alkaloids and salts, including:
- Phenylpiperidines, their intermediates, salts, derivatives and analogues and salts of intermediates, derivatives and analogues, including:
- Allylprodine
- Alphameprodine
- Alphaprodine
- Anileridine
- Betameprodine
- Betaprodine
- Benzethidine
- Diphenoxylate
- Difenoxin
- Etoxeridine
- Furethidine
- Hydroxypethidine
- Ketobemidone
- Methylphenylisonipecotonitrile
- Morpheridine
- Norpethidine
- Pethidine
- Phenoperidine
- Piminodine
- Properidine
- Trimeperidine
- Pethidine Intermediate C but not including:
- Carbamethidine and its salts
- Oxpheneridine and its salts
- Phenazepines, their salts, derivatives and salts of derivatives including:
- Proheptazine but not including:
- Ethoheptazine and its salts
- Metethoheptazine and its salts
- Metheptazine and its salts
- Amidones, their intermediates, salts, derivatives and salts of intermediates and derivatives including:
- Dimethylaminodiphenylbutanonitrile
- Dipipanone
- Isomethadone
- Methadone
- Normethadone
- Norpipanone
- Phenadoxone
- Methadols, their salts, derivatives and salts of derivatives including:
- Acetylmethadol
- Alphacetylmethadol
- Alphamethadol
- Betacetylmethadol
- Betamethadol
- Dimepheptanol
- Noracymethadol
- Phenalkoxams, their salts, derivatives and salts of derivatives including:
- Dimenoxadol
- Dioxaphetyl butyrate
- Dextropropoxyphene ]-α--4-
- Carfentanil phenylamino]-1-
- p-Fluorofentanyl
- Fentanyl
- β-Hydroxyfentanyl
- β-Hydroxy-3-methylfentanyl
- α-Methylfentanyl
- α-Methylthiofentanyl
- 3-Methylfentanyl
- 3-Methylthiofentanyl
- # Remifentanil
- Sufentanil -1-2-
- [Thiofentanyl
- Tilidine, its salts, derivatives and salts of derivatives
- Methylenedioxypyrovalerone, its salts, derivatives, isomers and analogues and salts of derivatives, isomers and analogues
- Methamphetamine, its salts, derivatives, isomers and analogues and salts of derivatives, isomers and analogues
- Amphetamines, their salts, derivatives, isomers and analogues and salts of derivatives, isomers and analogues including:
- Amphetamine
- N-ethylamphetamine
- 4-methyl-2,5-dimethoxyamphetamine
- 3,4-Methylenedioxyamphetamine
- 2,5-dimethoxyamphetamine
- 4-methoxyamphetamine
- 2,4,5-trimethoxyamphetamine
- N-methyl-3,4-methylenedioxy- amphetamine
- 4-ethoxy-2,5-dimethoxyamphetamine
- 5-methoxy-3,4-methylenedioxy- amphetamine
- N,N-dimethyl-3,4-methylenedioxyamphetamine
- N-ethyl-3,4-methylenedioxyamphetamine
- 4-ethyl-2,5-dimethoxyamphetamine
- 4-bromo-2,5-dimethoxyamphetamine
- 4-chloro-2,5-dimethoxyamphetamine
- 4-ethoxyamphetamine
- Benzphetamine
- N-Propyl-3,4-methylenedioxy- amphetamine
- N--α-meth-ylbenzeneethanamine
- N-hydroxy-3,4-methylenedioxy- amphetamine
- 3,4,5-trimethoxyamphetamine
- Flunitrazepam and any of its salts or derivatives
- 4-hydroxybutanoic acid and any of its salts
- Tapentadol -3-, its salts, derivatives and isomers and salts of derivatives and isomers
- AH-7921, its salts, isomers and salts of isomers
- MT-45, its salts, derivatives, isomers and analogues and salts of derivatives, isomers and analogues, including:
- Diphenidine
- Methoxphenidine
- Ephenidine
- Isophenidine but not including:
- Lefetamine, its salts, derivatives and isomers and salts of derivatives and isomers
- W-18, its salts, derivatives, isomers and analogues and salts of derivatives, isomers and analogues
Schedule II
- Synthetic cannabinoid receptor type 1 agonists, their salts, derivatives, isomers, and salts of derivatives and isomers — with the exception of any substance that is identical to any phytocannabinoid and with the exception of -2,3-dihydro-5-methyl-3--1-naphthalenyl-methanone and its salts—including those that fall within the following core chemical structure classes:
- Any substance that has a 2-phenol structure with substitution at the 1-position of the benzene ring by a hydroxy, ether or ester group and further substituted at the 5-position of the benzene ring, whether or not further substituted on the benzene ring to any extent, and substituted at the 3'-position of the cyclohexyl ring by an alkyl, carbonyl, hydroxyl, ether or ester, and whether or not further substituted on the cyclohexyl ring to any extent, including
- # Nabilone -trans-3-
- # Parahexyl
- # 3--7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzopyran-1-ol
- # 5--2-phenol
- # 5--2-phenol
- Any substance that has a 3-indole structure with substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent and whether or not substituted on the naphthyl ring to any extent, including
- # 1-pentyl-3-indole
- # 1-butyl-3-indole
- # 1-pentyl-3-indole
- # 1-hexyl-3-indole
- # 1--3-indole
- # 1-butyl-3-indole
- # 1-pentyl-3-indole
- # 1--3-indole
- # 1-pentyl-3-indole
- # 1-pentyl-3-indole
- # 1--3-indole
- # 1--3-indole
- # 1--3-indole
- # 1--3-indole
- # -2,3-dihydro-5-methyl-3--1-naphthalenyl-methanone
- Any substance that has a 3-pyrrole structure with substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted on the pyrrole ring to any extent and whether or not substituted on the naphthyl ring to any extent, including
- # 1-pentyl-5--3-pyrrole
- Any substance that has a 3-phenylacetylindole structure with substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent and whether or not substituted on the phenyl ring to any extent, including
- # 1-pentyl-3-indole
- # 1-pentyl-3-indole
- # 1-pentyl-3-indole
- Any substance that has a 3-benzoylindole structure with substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent and whether or not substituted on the phenyl ring to any extent, including
- # 1--3-indole
- Any substance that has a 3-methanoneindole structure with substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent and whether or not substituted on the cyclopropyl ring to any extent, including
- # -methanone
- # -methanone
- # -methanone
- Any substance that has a quinolin-8-yl 1H-indole-3-carboxylate structure with substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent and whether or not substituted on the quinolin-8-yl ring to any extent, including
- # 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid
- # 1--8-quinolinyl ester-1H-indole-3-carboxylic acid
- Any substance that has a 3-carboxamideindazole structure with substitution at the nitrogen atom of the indazole ring, whether or not further substituted on the indazole ring to any extent and whether or not substituted at the carboxamide group to any extent, including
- # N--1-pentyl-1H-indazole-3-carboxamide
- # N--1--1H-indazole-3-carboxamide
- # N--1--1H-indazole-3-carboxamide
- # N--1-pentyl-1H-indazole-3-carboxamide
- Any substance that has a 3-carboxamideindole structure with substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent and whether or not substituted at the carboxamide group to any extent, including
- # N--1-fluoropentylindole-3-carboxamide
- # N--1-pentylindole-3-carboxamide
Schedule III
- Ethylphenidate
- Isopropylphenidate
- Propylphenidate
- 3,4-Dichloromethylphenidate -2-
- 4-Methylmethylphenidate -2-
- 4-Fluoromethylphenidate -2-
- Methylnaphthidate -2-
- Ethylnaphthidate -2-
- Methaqualone -4 and any salt thereof
- Mecloqualone -4 and any salt thereof
- LSD and any salt thereof
- DET and any salt thereof
- DMT and any salt thereof
- N-Methyl-3-piperidyl benzilate and any salt thereof
- Harmaline and any salt thereof
- Harmalol and any salt thereof
- Psilocin and any salt thereof
- Psilocybin and any salt thereof
- PCE and any salt thereof
- TCP and any salt thereof
- PCPr and any salt thereof
- Rolicyclidine and any salt thereof
- Mescaline and any salt thereof, but not peyote
- 4-Methylaminorex and any salt thereof
- Cathinone and any salt thereof
- Fenetylline and any salt thereof
- Methcathinone and any salt thereof
- Benzylcyclidine and any salt thereof
- 4-methyl-PCP and any salt thereof
- Aminorex and any salt thereof
- Etryptamine and any salt thereof
- Lefetamine and any salt thereof
- Mesocarb -N- and any salt thereof
- Zipeprol -α- and any salt thereof
- Amineptine and any salt thereof
- BZP and its salts, isomers and salts of isomers
- TFMPP and its salts, isomers and salts of isomers
- 2C-phenethylamines and their salts, derivatives, isomers and salts of derivatives and isomers that correspond to the following chemical description:
- : any substance that has a 1-amino-2-phenylethane structure substituted at the 2' and 5' or 2' and 6' positions of the benzene ring by an alkoxy or haloalkoxy group, or substituted at two adjacent carbon atoms of the benzene ring which results in the formation of a furan, dihydrofuran, pyran, dihydropyran or methylenedioxy group—whether or not further substituted on the benzene ring to any extent, whether or not substituted at the amino group by one or two, or a combination of, methyl, ethyl, propyl, isopropyl, hydroxyl, benzyl or benzylene groups and whether or not substituted at the 2-ethyl position by a hydroxyl, oxo or alkoxy group—and its salts and derivatives and salts of derivatives, including:
- 4-bromo-2,5-dimethoxy-N-phenethylamine
- 4-chloro-2,5-dimethoxy-N-phenethylamine
- 4-iodo-2,5-dimethoxy-N-phenethylamine
- 4-bromo-2,5-dimethoxybenzeneethanamine
Schedule IV
- Barbiturates, their salts and derivatives including
- Allobarbital
- Alphenal
- Amobarbital
- Aprobarbital
- Barbital
- Butabarbital
- Butalbital
- Butallylonal
- Butethal
- Cyclobarbital
- Cyclopal
- Heptabarbital
- Hexethal
- Hexobarbital
- Mephobarbital
- Methabarbital
- Methylphenobarbital
- Propallylonal
- Pentobarbital
- Phenobarbital
- Probarbital
- Phenylmethylbarbituric acid
- Secobarbital
- Sigmodal -5-
- Talbutal
- Vinbarbital
- Vinylbital but not including:
- Barbituric acid and its salts
- 1,3-dimethylbarbituric acid and its salts
- Thiobarbiturates, their salts and derivatives including:
- Chlorphentermine and any salt thereof
- Diethylpropion and any salt thereof
- Phendimetrazine and any salt thereof
- Phenmetrazine and any salt thereof
- Pipradrol and any salt thereof
- Phentermine and any salt thereof
- Butorphanol and any salt thereof
- Nalbuphine and any salt thereof
- Glutethimide
- Clotiazepam and any salt thereof
- Ethchlorvynol
- Ethinamate
- Mazindol
- Meprobamate
- Methyprylon
- Benzodiazepines, their salts and derivatives, including:
- Alprazolam
- Bromazepam
- # Brotizolam
- Camazepam
- Chlordiazepoxide
- Clobazam
- Clonazepam
- Clorazepate
- Cloxazolam -2,3, 7,11b-tetrahydrooxazolobenzodiazepin 6-
- Delorazepam
- Diazepam
- Estazolam
- Ethyl Loflazepate
- Fludiazepam
- Flurazepam ethyl]-5-
- Halazepam
- Haloxazolam -2,3,7,11b-tetrahydrooxazolobenzodiazepin-6
- Ketazolam
- Loprazolam -2,4-dihydro-2-
- [Lorazepam
- Lormetazepam
- Medazepam
- # Midazolam
- Nimetazepam
- Nitrazepam
- Nordazepam
- Oxazepam
- Oxazolam
- Pinazepam
- Prazepam
- # Quazepam -1,3-dihydro-1-
- Temazepam
- Tetrazepam
- Triazolam but not including:
- Clozapine and any salt thereof
- Flunitrazepam and any salts or derivatives thereof
- Olanzapine and its salts
- Clozapine N-oxide and its salts
- Catha edulis Forsk., its preparations, derivatives, alkaloids and salts, including:
- Fencamfamin and any salt thereof
- Fenproporex and any salt thereof
- Mefenorex and any salt thereof
- Anabolic steroids and their derivatives including:
- Androisoxazole
- Androstanolone
- Androstenediol
- Bolandiol
- Bolasterone
- Bolazine
- Boldenone
- Bolenol
- Calusterone
- Clostebol
- Drostanolone
- Enestebol
- Epitiostanol
- Ethylestrenol
- 4-Hydroxy-19-nor testosterone
- Fluoxymesterone
- Formebolone
- Furazabol
- Mebolazine
- Mesabolone
- Mesterolone
- Metandienone
- Metenolone
- Methandriol
- Methyltestosterone
- Metribolone
- Mibolerone
- Nandrolone
- Norboletone
- Norclostebol
- Norethandrolone
- Oxabolone
- Oxandrolone
- Oxymesterone
- Oxymetholone
- Prasterone
- Quinbolone
- Stanozolol
- Stenbolone
- Testosterone
- Tibolone -17-hydroxy-7-methyl-19-norpregn-5
- Tiomesterone
- Trenbolone
- Pemoline and any salt thereof
- Pyrovalerone and any salt thereof
- Salvia divinorum, its preparations and derivatives, including:
- Salvinorin A -9--2-
Schedule V
Schedule VI (Precursors)
PART 1
Class A Precursors- Acetic anhydride
- N-Acetylanthranilic acid and its salts
- Anthranilic acid and its salts
- Ephedrine, its salts and any plant containing ephedrine or any of its salts
- Ergometrine and its salts
- Ergotamine and its salts
- Isosafrole
- Lysergic acid and its salts
- 3,4-Methylenedioxyphenyl-2-propanone
- Norephedrine and its salts
- 1-Phenyl-2-propanone
- Phenylacetic acid and its salts
- Piperidine and its salts
- Piperonal
- Potassium permanganate
- Pseudoephedrine, its salts and any plant containing pseudoephedrine or any of its salts
- Safrole and any essential oil containing more than 4% safrole
- Gamma-butyrolactone
- 1,4-butanediol
- Red Phosphorus
- White Phosphorus
- Hypophosphorous acid, its salts and derivatives
- Hydriodic acid
- Alpha-phenylacetoacetonitrile and its salts, isomers and salts of isomers
PART 2
Preparations and Mixtures
- Any preparation or mixture that contains a precursor set out in Part 1, except items 20 to 23 , or in Part 2.
Schedule VII
Schedule VIII
Laws – Penalties
Possession
If tried as an indictable offence, the defendant is liable to:Schedule I: Maximum 7 years' imprisonment
Schedule II: Maximum 5 years' imprisonment
Schedule III: Maximum 3 years' imprisonment
Schedule IV: It is not an indictable offence to possess a Schedule IV substance for personal use.
If tried as a summary conviction offence, the defendant is liable to:
Schedule I, II, or III: Maximum $1000 fine for the first offence and/or a maximum 6-month term of imprisonment, increasing to a maximum fine of $2000 for each subsequent offense and/or a maximum of 1 year in prison.
Schedule IV: It is not a summary offence to possess a Schedule IV substance for personal use.
It should also be noted that Section, Subsection of the CDSA reads that any person who obtains or who makes any attempt to obtain a Schedule I through IV substance from a physician without fully disclosing the details of any previous instances of obtaining a Schedule I through IV substance in the preceding thirty days, a practice often referred to as "doctor shopping", is guilty of a summary or indictable offense, as per Section, Subsection and.
Trafficking/Possession for the Purpose of
If tried as an indictable offence, the defendant is liable to:Schedule I or Schedule II: Maximum life imprisonment
Schedule III: Maximum 10 years' imprisonment
Schedule IV: Maximum 3 years' imprisonment
Or, if tried as a summary conviction, the defendant is liable to:
Schedule III: Maximum 18 months' imprisonment
Schedule IV: Maximum 1 year's imprisonment
Exportation/Possession for the Purpose of
If tried as an indictable offence, the defendant is liable to:Schedule I or Schedule II: Maximum life imprisonment
- Mandatory minimum 1 year's imprisonment for exporting a Schedule I drug under 1 kg, 2 years if amount exceeds 1 kg
Schedule V or Schedule VI: Maximum 3 years' imprisonment
Or, if tried as a summary conviction, the defendant is liable to:
Schedule III or Schedule IV: Maximum 18 months' imprisonment
Schedule V or Schedule VI: Maximum 1 year's imprisonment
Production
If tried as an indictable offence, the defendant is liable to:Schedule I or Schedule II: Maximum life imprisonment
- Mandatory minimum 2 years' imprisonment
Schedule IV: Maximum 3 years' imprisonment
Or, if tried as a summary conviction, the defendant is liable to:
Schedule III: Maximum 18 months' imprisonment
Schedule IV: Maximum 1 year's imprisonment