Narcotic Control Act vs Food and Drug Act Schedules

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NARCOTIC CONTROL ACT

The Narcotic Control Act has now been replaced by
the Controlled Drugs and Substances Act. Narcotic is defined as including opium, cocaine, marijuana, and similar synthetics such as amodines, morphinans, fentanyl, and
nabilone.


POSSESSION OF ANY NARCOTIC

Indictment: 7 years

Summary Conviction:
First offence: 6 months and/or $1000
fine

Second Offence: 1 year
and/or $2000 fine


TRAFFICKING IN ANY NARCOTIC OR ANYTHING HELD OUT TO BE A NARCOTIC,
POSSESSION FOR THE PURPOSES OF TRAFFICKING

Indictment only: Life Imprisonment


IMPORTATION OF EXPORTATION OF ANY NARCOTIC

Indictment only: Maximum Life Imprisonment, minimum 7 years (the minimum 7 year penalty was deemed unconstitutional in 1987)


CULTIVATION OF OPIUM OR MARIJUANA

Indictment only: 7 years


FOOD AND DRUG ACT

The Food and Drug Act has now been replaced by the Controlled
Drugs and Substances Act
. Examples of controlled drugs include: amphetamine, methaqualone, phenmetrazine. Examples of restricted drugs include: LSD, DMT, MDA)


TRAFFICKING IN A CONTROLLED OR RESTRICTED DRUG, OR POSSESSION FOR THE
PURPOSES OF TRAFFICKING

Indictment 10 years

Summary Conviction
18 months

POSSESSION OF A RESTRICTED DRUG

Indictment 3 years and/or $5,000 fine

Summary Conviction
First offence: 6 months and/or $2000 fine

Second Offence 1 year and/or $5000 fine



CONTROLLED DRUG AND SUBSTANCES ACT


This act, and the penalties within, replace both the Food and Drug Act and
the Narcotic Control Act.

POSSESSION OF A SCHEDULE 1 SUBSTANCE

Indictment 7 years

Summary Conviction
First offence: 6 months and/or $1000 fine

Second Offence 1 year and/or $2000 fine

POSSESSION OF MARIJUANA (SCHEDULE 2)
Indictment 5 years less a day
(no trial by jury)

Summary Conviction:
as for Schedule 1

POSSESSION OF LESS THEN 30 GRAMS OF MARIJUANA OR 1 GRAM OF RESIN


Summary Conviction only:
First offence: 6 months and/or $1000 fine
(The RCMP is not supposed to photograph or
fingerprint those charged with a strictly summary conviction offence,
although there would still be a criminal record entered into their computer
database)

POSSESSION OF A SCHEDULE 3 SUBSTANCE

Indictment 3 years

Summary Conviction
as for Schedule 1

TRAFFICKING IN SCHEDULE 1 OR 2 SUBSTANCES (EXCEPT IN CASES OF LESS
THEN 3KG OF MARIJUANA) OR POSSESSION FOR THE PURPOSES OF TRAFFICKING

Indictment only life imprisonment

TRAFFICKING IN LESS THAN 3KG OF MARIJUANA, OR POSESSION OF LESS THAN
3KG FOR THE PURPOSES OF TRAFFICKING

Indictment only: 5 years less a day
(no trial by
jury)

TRAFFICKING IN A SCHEDULE 3 SUBSTANCE

Indictment 10 years

Summary Conviction
18 months

TRAFFICKING IN A SCHEDULE 4 SUBSTANCE

Indictment 3 years

Summary Conviction
1 year

IMPORTATION OR EXPORTATION OF A SCHEDULE 1 OR 2 SUBSTANCE

Indictment only life imprisonment

IMPORTATION OR EXPORTATION OF A SCHEDULE 3 OR 6 SUBSTANCE

Indictment 10 years

Summary Conviction
18 months

IMPORTATION OR EXPORTATION OF A SCHEDULE 4 OR 5 SUBSTANCE

Indictment 3 years

Summary Conviction
1 year

PRODUCTION OF A SCHEDULE 1 SUBSTANCE

Indictment only life imprisonment

PRODUCTION OF A SCHEDULE 2 SUBSTANCE (CANNABIS)

Indictment only 7 years

PRODUCTION OF A SCHEDULE 3 SUBSTANCE

Indictment 10 years

Summary Conviction
18 months

PRODUCTION OF A SCHEDULE 4 SUBSTANCE

Indictment 3 years

Summary Conviction
1 months


SCHEDULES

SCHEDULE 1 Those drugs already listed in the Narcotic Control Act,
including opium, heroin, morphine, coca leaves, cocaine, methadols, moramides and fentanyl.

SCHEDULE 2 All forms of cannabis, cannabis resin, and
“similar synthetics” like nabilone. Specifically excludes non-viable seed and a stalk that has been stripped
of leaves and branches.

SCHEDULE 3 Stimulants and hallucinogens listed in the
Food and Drug Act, including amphetamine, quaaludes, psilocybe, LSD, DMT, MDA.

SCHEDULE 4 Some prescribed drugs, anabolic
steroids, weight reduction drugs (anorexiants), sedatives such as barbituates and benzodiazepines (better known as
Seconal, Valium and Librium), and khat. (Khat is a currently legal herb which is used
culturally by Somalians.)

SCHEDULE 5 Ingredients which may appear in
non-prescription medication, including phenylpropanolamine and propylhexedrine.

SCHEDULE 6 Certain precursors (substances commonly
used to manufacture some of the other listed drugs).





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