Canadian Controlled Drugs and Substances Act CDSA

Canadian Controlled Drugs and Substances Act CDSA

Regarding the sale of drug "paraphernalia,"

Section 462.2 of the Canadian Criminal Code reads as follows:
Anyone who knowingly imports into Canada, Exports from Canada, manufactures, promotes or sells instruments for illicit drug use is guilty of an offence and is liable on summary conviction
a) for a first offence, to a fine not exceeding one hundred thousand dollars or to imprisonments for a term not exceeding one year or both.

THC Interpretation: We are well aware of the law of our land, and we are not stupid. We are careful to ensure that nothing we sell here is a “drug” (see also Therapeutic Products Programme info below), or is knowingly imported, exported, manufactured, promoted or sold for “illicit drug use”. Police officers and other enforcers of our laws (Bylaw Officers, Inspectors, etc.) visit our store occasionally. Health Canada inspectors have visited and informed us that certain items that were in our possession were not 'OK' (items like "herbal ecstacy" and "bidis" for example) - and we are entirely willing, able and eager to comply. Stores somewhat like ours (generally in smaller towns) suffered legal consequences after being visited by 'undercover' enforcement who asked them for such things as a "scale to weigh my crack". We are forced to act with the assumption that any person asking for a product specifically for illegal use is a huge potential risk, no matter who they are. Bottom line: we make sure to maintain an environment in which we are never "knowingly" selling something for "illicit drug use".

Back to Our Drug Laws



Here are some selected excerpts from the CDSA (warning: check with the Canadian Department of Justice for straight-from-the-source, as-updated-as-possible information):

The Controlled Drugs And Substances Act, 1996, c. 19
An Act respecting the control of certain drugs, their precursors and other substances and to amend certain other Acts and repeal the Narcotic Control Act in consequence thereof:...

Section 2 (Interpretation)
"produce" means, in respect of a substance included in any of Schedules I to IV, to obtain the substance by any method or process including
(a) manufacturing, synthesizing or using any means of altering the chemical or physical properties of the substance, or
(b) cultivating, propagating or harvesting the substance or any living thing from which the substance may be extracted or otherwise obtained,
and includes offer to produce;
"provide" means to give, transfer or otherwise make available in any manner, whether directly or indirectly and whether or not for consideration;
"sell" includes offer for sale, expose for sale, have in possession for sale and distribute, whether or not the distribution is made for consideration;
"traffic" means, in respect of a substance included in any of Schedules I to IV,
(a) to sell, administer, give, transfer, transport, send or deliver the substance,
(b) to sell an authorization to obtain the substance, or
(c) to offer to do anything mentioned in paragraph (a) or (b),
otherwise than under the authority of the regulations.
(2) For the purposes of this Act,
(a) a reference to a controlled substance includes a reference to any substance that contains a controlled substance; and
(b) a reference to a controlled substance includes a reference to
(i) all synthetic and natural forms of the substance, and
(ii) any thing that contains or has on it a controlled substance and that is used or intended or designed for use
(A) in producing the substance, or
(B) in introducing the substance into a human body...

Section 4. 
(1) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III...
(4) Subject to subsection (5), every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule II
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years less a day; or
(b) is guilty of an offence punishable on summary conviction and liable
(i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and
(ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.
(5) Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule II in an amount that does not exceed the amount set out for that substance in Schedule VIII is guilty of an offence punishable on summary conviction and liable to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both...
(8) For the purposes of subsection (5) and Schedule VIII, the amount of the substance means the entire amount of any mixture or substance, or the whole of any plant, that contains a detectable amount of the substance.

Section 5.
(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.
(2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III or IV.
(3) Every person who contravenes subsection (1) or (2)
(a) subject to subsection (4), where 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;
(4) Every person who contravenes subsection (1) or (2), where the subject-matter of the offence is a substance included in Schedule II in an amount that does not exceed the amount set out for that substance in Schedule VII, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years less a day...

Section 6. 
(1) Except as authorized under the regulations, no person shall import into Canada or export from Canada a substance included in Schedule I, II, III, IV, V or VI...

Section 7. 
(1) Except as authorized under the regulations, no person shall produce a substance included in Schedule I, II, III or IV.
(2) Every person who contravenes subsection (1)
(a) where the subject-matter of the offence is a substance included in Schedule I or II, other than cannabis (marihuana), is guilty of an indictable offence and liable to imprisonment for life;
(b) where the subject-matter of the offence is cannabis (marihuana), is guilty of an indictable offence and liable to imprisonment for a term not exceeding seven years;...

Section 8. 
(1) No person shall possess any property or any proceeds of any property knowing that all or part of the property or proceeds was obtained or derived directly or indirectly as a result of
(a) the commission in Canada of an offence under this Part except subsection 4(1) and this subsection;...

Section 56. 
The Minister may, on such terms and conditions as the Minister deems necessary, exempt any person or class of persons or any controlled substance or precursor or any class thereof from the application of all or any of the provisions of this Act or the regulations if, in the opinion of the Minister, the exemption is necessary for a medical or scientific purpose or is otherwise in the public interest.

Section 58. 
In the case of any inconsistency or conflict between this Act or the regulations made under it, and the Food and Drugs Act or the regulations made under that Act, this Act and the regulations made under it prevail to the extent of the inconsistency or conflict.

SCHEDULE I
1. Opium Poppy (Papaver somniferum), its preparations, derivatives, alkaloids and salts, including... (1) Opium...
But not including:... (32)... (37) Poppy seed

2. Coca (Erythroxylon), its preparations, derivatives, alkaloids and salts, including:...

SCHEDULE II
1. Cannabis, its preparations, derivatives and similar synthetic preparations, including:
(1) Cannabis resin
(2) Cannabis (marihuana)
(3) C a n n a b i d i o l ( 2 – [ 3 – m e t h y l – 6 – ( 1 – m e t h y l e t h e n y l ) - –2–cyclohexen–1–yl]–5–pentyl–1,3–benzenediol)
(4) Cannabinol(3–n–amyl–6,6,9–trimethyl–6–diben- zopyran–1–ol)
(5) Nabilone((±)–trans–3–(1,1–dimethylheptyl)-–6,6a,7,8,10,10a–hexahydro– 1–hydroxy–6,6–dime- thyl–9H–dibenzo[b,d]pyran–9–one)
(6) P y r a h e x y l ( 3 – n – h e x y l – 6 , 6 , 9 – t r i m e t h y l – 7 , 8 , 9 , 1 0 - –tetrahydro–6–dibenzopyran–1–ol)
(7) Tetrahydrocannabinol(tetrahydro–6,6,9–trimethyl–3–pentyl–6H–dibenzo[b ,d]pyran–1–ol)

But not including
(8) Non-viable Cannabis seed
(9) Mature Cannabis stalks that do not include leaves, flowers, seeds or branches; and fiber derived from such stalks

SCHEDULE III
1. Amphetamines, their salts, derivatives, isomers and analogues and salts of derivatives, isomers and analogues including:
2. Methylphenidate ("–phenyl–2–pyridineacetic acid methyl ester) and any salt thereof
3. Methaqualone (2–methyl–3–(2–methylphenyl)–4(3H)–quinazolinone) and any salt thereof
4. Mecloqualone (2–methyl–3–(2–chlorophenyl)–4(3H)–quinazolinone) and any salt thereof
5. Lysergic acid diethylamide (LSD) (N,N–diethyllysergamide) and any salt thereof
6. N,N–Diethyltryptamine (DET) (3–[(2–diethylamino)ethyl]indole) and any salt thereof
7. N,N–Dimethyltryptamine (DMT) (3–[(2–dimethylamino)ethyl]indole) and any salt thereof
8. N–Methyl–3–piperidyl benzilate(LBJ)(3–[(hydroxydiphenylacetyl) oxy]–1–methylpiperidine) and any salt thereof
9. Harmaline (4,9–dihydro–7–methoxy–1–methyl–3H–pyrido(3,4–b)indole) and any salt thereof
10. Harmalol (4,9–dihydro–1–methyl–3H–pyrido(3,4–b)indol–7–ol) and any salt thereof
11. Psilocin (3–[2–(dimethylamino)ethyl]–4–hydroxyindole) and any salt thereof
12. Psilocybin(3–[2–(dimethylamino)ethyl]–4–phosphoryloxyindole) and any salt thereof
13. N–(1–phenylcyclohexyl)ethylamine (PCE) and any salt thereof
14. 1–[1–(2–Thienyl) cyclohexyl]piperidine (TCP) and any salt thereof
15. 1–Phenyl–N–propylcyclohexanamine and any salt thereof
16. 1–(1–Phenylcyclohexyl)pyrrolidine and any salt thereof
17. Mescaline (3,4,5–trimethoxybenzeneethanamine) and any salt thereof,
but not peyote (lophophora)
18. 4–Methylaminorex(4,5–dihydro–4–methyl–5–phenyl–2–oxazolamine) and any salt thereof
19. Cathinone(–)–"–aminopropiophenone) and any salt thereof
20. Fenetylline(d,l–3,7–dihydro–1,3–dimethyl–7–(2–[(1–methyl–2–phenet hyl)amino]ethyl)–1H–purine–2,6–dione) and any salt thereof
21. 2–Methylamino–1–phenyl–1–propanone and any salt thereof
22. 1–[1–(Phenylmethyl)cyclohexyl]piperidine and any salt thereof
23. 1–[1–(4–Methylphenyl)cyclohexyl]piperidine and any salt thereof
24. 4-bromo-2,5-dimethoxybenzeneethanamine and any salt, isomer or salt of isomer therefor.
25. Flunitrazepam(5-(o-fluorophenyl)-1,3-dihydro-1-methyl-7-nitro-2H-1,4- benzodiazepin-2-one)
26. 4-hydroxybutanoic acid (GHB) and any salt thereof

SCHEDULE IV
1. Barbiturates, their salts and derivatives including:...

SCHEDULE V (Sections 2, 4, 6, 55 and 60)
1. Phenylpropanolamine (2--amino--1--phenyl--1--propanol) and any salt thereof
2. Propylhexedrine (1--cyclohexyl--2--methylaminopropane) and any salt thereof
3. Pyrovalerone (1--(1--pyrrolidinyl)butyl p--tolyl ketone and any salt thereof

SCHEDULE VI (Sections 2, 6, 55 and 60)
1. Benzyl methyl ketone (P2P) (1--phenyl--2--propanone)
2. Ephedrine (l--erythro--2--(methylamino)--1--phenylpropan--1--ol)
3. Ergometrine (9,10--didehydro--N--(2--hydroxy--1 --methylethyl)--6--methylergoline--8--carboxamide)
4. Ergotamine (12'--hydroxy--2'--methyl--5'--(phenylmethyl) ergotaman--3',6',18--trione)
5. Lysergic acid (9,10--didehydro--6--methylergoline--8--carboxylic acid)
6. Pseudoephedrine (d--threo--2--(methylamino)--1--phenylpropan --1--ol)

SCHEDULE VII (Sections 5 and 60)
1. Cannabis resin 3 kg
2. Cannabis (marihuana) 3 kg

SCHEDULE VIII (Sections 4 and 60)
1. Cannabis resin 1 g
2. Cannabis (marihuana) 30 g
1996, c. 19, Sch. VIII; SOR/97-230, s. 16.


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