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 precursors. 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 27 February 2009, Bill C-15, a re-introduction of C-26 received first reading in the second session of the 40th Parliament of Canada. On 9 June 2009, the House of Commons passed Bill C-15 and it went to the Senate for study and approval. On 14 December 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 31 January 2010, Bill C-15, along with all unpassed legislation then tabled before the Commons, fell. Early in 2012, the next parliament passed the Safe Streets and Communities Act, which received 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 17 October 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

Schedule II

Schedule III

Schedule IV

Schedule V

(Sections 2, 5 to 7.1, 10, 55 and 60.1) 1996, c. 19, Sch. V; SOR/2002-361, s. 1; SOR/2003-32, s. 7; 2017, c. 7, s. 50.

Schedule VI (Precursors)

PART 1

Class A Precursors

PART 2

Class B Precursors

PART 3

Preparations and Mixtures

Schedule VII

[Repealed, 2018, c. 16, s. 205]

Schedule VIII

[Repealed, 2018, c. 16, s. 205]

Schedule IX

Laws – Penalties

Possession

If tried as an indictable offence, the defendant is liable to: Schedule I: Maximum 3 years' imprisonment Schedule II: Maximum 2 years' imprisonment Schedule III: Maximum 1 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. Section (4), Subsection (2) 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 (30) days, a practice often referred to as "doctor shopping", is guilty of a summary or indictable offense, as per Section (4), Subsection (7)(a) and (b). These drugs are considered lawful (and thus without penalty) if the person from whom the substance, precursor or property was seized came into possession of it lawfully and continued to deal with it lawfully, such as through a prescription by a prescribing practitioner.

Trafficking/Possession for the Purpose of

If tried as an indictable offence, the defendant is liable to: Schedule I or Schedule II: Maximum 4 years' imprisonment Schedule III: Maximum 4 years' imprisonment Schedule IV: Maximum 2 years' imprisonment Or, if tried as a summary conviction, the defendant is liable to: Schedule III: Maximum 9 months' imprisonment Schedule IV: Maximum 6 months' imprisonment

Smuggling/Possession for the Purpose of Distribution

If tried as an indictable offence, the defendant is liable to: Schedule I or Schedule II: Maximum 4 years' imprisonment Schedule III or Schedule IV: Maximum 4 years' imprisonment Schedule V or Schedule VI: Maximum 2 years' imprisonment Or, if tried as a summary conviction, the defendant is liable to: Schedule III or Schedule IV: Maximum 9 months' imprisonment Schedule V or Schedule VI: Maximum 6 months' imprisonment

Production

If tried as an indictable offence, the defendant is liable to: Schedule I or Schedule II: Maximum 4 years imprisonment Schedule III: Maximum 4 years' imprisonment Schedule IV: Maximum 2 years' imprisonment Or, if tried as a summary conviction, the defendant is liable to: Schedule III: Maximum 9 months' imprisonment Schedule IV: Maximum 6 months' imprisonment