Drug offences are regulated by the Controlled Drugs and Substances Act (CDSA).
Possession of narcotics is legally defined in Part 1, section 4(1) of the CDSA as the act of having a substance listed in Schedule I, II, or III, unless authorized by regulations. To establish guilt, it is crucial for the prosecution to demonstrate that the accused had knowledge of the narcotic substance.
Possession for the purpose of trafficking, as outlined by the CDSA, involves having a substance listed in Schedule I, II, III, IV, or V with the intention of engaging in trafficking activities. The quantity of the substance found in the accused's possession is used to distinguish between possession for personal use and possession for the purpose of trafficking. The specific threshold amounts vary depending on the substance involved.
Drug trafficking refers to the act of trafficking a substance listed in Schedule I, II, III, IV, or V, or representing or claiming to possess such a substance. It is possible to be charged with drug trafficking even without being caught in the act of selling or distributing drugs. Mere possession of narcotics with the intent to sell or distribute can result in a drug trafficking charge.
The production of a substance listed in Schedule I, II, III, IV, or V without authorization is a criminal offence under section 7(2) of the CDSA. Drug production includes activities such as manufacturing, synthesizing, or altering the chemical or physical properties of the substance. It also encompasses cultivating, propagating, or harvesting the substance or any living organism from which the substance can be extracted or obtained by any other means.
Importing and Exporting Scheduled Substances
Importing a scheduled substance into Canada or exporting a scheduled substance from Canada, unless authorized by regulations, is a criminal offence.