The Controlled Drugs and Substances Act (French: Loi réglementant certaines drogues et autres substances) 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."
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.[1] 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.[citation needed]
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.[citation needed]
List of drugs
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The list below reflects the list of drugs scheduled in Canada's Controlled Drugs and Substances Act.[2]
Schedule I
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Opium Poppy (Papaver somniferum), its preparations, derivatives, alkaloids and salts, including:
Tapentadol (3-[(1R,2R)-3-(dimethylamino)-1-ethyl-2-methylpropyl]-phenol), its salts, derivatives and isomers and salts of derivatives and isomers
AH-7921 (1-(3,4-dichlorobenzamidomethyl)cyclohexyldimethylamine), its salts, isomers and salts of isomers
MT-45 (1-cyclohexyl-4-(1,2-diphenylethyl)piperazine), its salts, derivatives, isomers and analogues and salts of derivatives, isomers and analogues, including:
Isophenidine (NPDPA) (N-isopropyl-1,2-diphenylethylamine)but not including:
Lefetamine ((-)-N,N-dimethyl-α-phenylbenzeneethanamine), its salts, derivatives and isomers and salts of derivatives and isomers
W-18 (-chloro-N-[1-[2-(4-nitrophenyl)ethyl]-2-piperidinylidene]benzenesulfonamide), its salts, derivatives, isomers and analogues and salts of derivatives, isomers and analogues
U-47700 (3,4-dichloro-N-(2-(dimethylamino)cyclohexyl)-N-methylbenzamide), its salts, derivatives, isomers and analogues, and salts of derivatives, isomers and analogues, including:
Tramadol (2-[(dimethylamino)methyl]-1-(3-methoxyphenyl)cyclohexanol), its salts, isomers and salts of isomers and the following derivatives of tramadol and the salts, isomers and salts of isomers of those derivatives:
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 ((3S)-2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl)-1-naphthalenyl-methanone (WIN 55,212-3) and its salts — including those that fall within the following core chemical structure classes:
Any substance that has a 2-(cyclohexyl)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
Any substance that has a 3-(1-naphthoyl)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
Any substance that has a 3-(1-naphthoyl)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
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
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
Any substance that has a 3-methanone(cyclopropyl)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 cyclopropyl ring to any extent, including
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
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
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
Methylphenidate (α-phenyl-2-piperidineacetic acid methyl ester) and any salts, derivatives, isomers, and analogues and salts of derivatives, isomers, and analogues, including:
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 benzyl substituted to any extent) or benzylene (or benzylene substituted to any extent) groups and whether or not substituted at the 2-ethyl (beta carbon) position by a hydroxyl, oxo or alkoxy group—and its salts and derivatives and salts of derivatives, including:
Lysergic acid (9,10-didehydro-6-methylergoline-8-carboxylic acid) and its salts
3,4-Methylenedioxyphenyl-2-propanone (1-(1,3-benzodioxole)-2-propanone), its derivatives and analogues and salts of derivatives and analogues, including:
Any preparation or mixture that contains a precursor set out in Part 1, except items 20 to 23 [Red Phosphorus; White Phosphorus; Hypophosphorous acid, its salts and derivatives; Hydriodic acid], or in Part 2.
Schedule VII
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[Repealed, 2018, c. 16, s. 205]
Schedule VIII
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[Repealed, 2018, c. 16, s. 205]
Schedule IX
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Manual, semi-automatic or fully automatic device that may be used to compact or mould powdered, granular or semi-solid material to produce coherent solid tablets
Manual, semi-automatic or fully automatic device that may be used to fill capsules with any powdered, granular, semi-solid or liquid material
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.
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",[3] is guilty of a summary or indictable offense, as per Section (4), Subsection (7)(a) and (b).[4]
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.[5]
Trafficking/Possession for the Purpose of
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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
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If tried as an indictable offence, the defendant is liable to:
Schedule I or Schedule II: Maximum 4 years' imprisonment
Mandatory minimum 1 year's imprisonment for exporting a Schedule I drug under 1 kg (2 lb), 2 years if amount exceeds 1 kg (2 lb)
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
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If tried as an indictable offence, the defendant is liable to:
Schedule I or Schedule II: Maximum 4 years imprisonment
minimum 2 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
^"Bill C-15: An Act to amend the Controlled Drugs and Substances Act and to make related and consequential amendments to other Acts". Archived from the original on 5 June 2009. Retrieved 4 June 2009.
^"Controlled Drugs and Substances Act (S.C. 1996, c. 19)". 30 November 2016. Archived from the original on 3 April 2011. Retrieved 17 November 2013.
^"'Doctor shopping' is a 'daily problem' - New Hampshire". Archived from the original on 4 March 2016. Retrieved 17 September 2015.
^Branch, Legislative Services (31 August 2022). "Consolidated federal laws of canada, Controlled Drugs and Substances Act". laws-lois.justice.gc.ca. Archived from the original on 1 October 2015. Retrieved 17 September 2015.
^Branch, Legislative Services (19 September 2019). "Consolidated federal laws of canada, Controlled Drugs and Substances Act". laws-lois.justice.gc.ca. Archived from the original on 3 March 2021. Retrieved 20 March 2021.
External links
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Controlled Drugs and Substances Act.
Amendments to the Controlled Drugs and Substances Act [Bill C-10, Part 2, Clauses 32-33, 39-48 and 50-51 (Former Bill S-10)]