Drug Possession – Section 4 of the CDSA
(1) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III.
Obtaining substance
(2) No person shall seek or obtain
(a) a substance included in Schedule I, II, III or IV, or
(b) an authorization to obtain a substance included in Schedule I, II, III or IV from a practitioner, unless the person discloses to the practitioner particulars relating to the acquisition by the person of every substance in those Schedules, and of every authorization to obtain such substances, from any other practitioner within the preceding thirty days.
As part of the proof of possession, the accused must have knowledge of the narcotic substance. It is not necessary however to be aware of the exact type of drug, rather only be aware that it is illegal.
Drug Trafficking – Section 5 of the CDSA
(1) No person shall traffic in a substance included in Schedule I, II, III or IV or in any substance represented or held out by that person to be such a substance.
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.
Along with the essential elements of time and date, identity and jurisdiction, the Crown must prove the elements of:
-
- Accused was trafficking in a substance
- the substance was Schedule I to V Controlled Substance
Trafficking can take many different forms, such as moving from one place to another place, sharing drugs with others, administering, sending, delivering, or selling.
Drug Production – Section 7 of the CDSA
(1) Except as authorized under the regulations, no person shall produce a substance included in Schedule I, II, III, IV or V.
Punishment
(2) Every person who contravenes subsection (1)
(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;
(c) 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
(d) 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.
In order to prove the production offence, the Crown has to prove beyond a reasonable doubt that the accused possess the materials and/or chemicals which are the required ingredients to produce the controlled substance, and produced that substance, by manufacturing, synthesizing, or using any means of altering the chemical or physical properties of the substance. Additionally, the Crown also needs to prove beyond a reasonable doubt that the accused knowingly and intentionally produced the substance and knew the production would result in the formation of the controlled substance.