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The Narcotic Control Act has now been replaced by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The Food and Drug Act has now been replaced by the Controlled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



Indictment3 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



Indictment7 years


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


Second Offence 1 year and/or $2000 fine

POSSESSION OF MARIJUANA (SCHEDULE 2)



Indictment5 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



Indictment3 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 onlylife 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



Indictment10 years


Summary Conviction18 months

TRAFFICKING IN A SCHEDULE 4 SUBSTANCE



Indictment3 years


Summary Conviction1 year

IMPORTATION OR EXPORTATION OF A SCHEDULE 1 OR 2 SUBSTANCE



Indictment onlylife imprisonment

IMPORTATION OR EXPORTATION OF A SCHEDULE 3 OR 6 SUBSTANCE



Indictment10 years


Summary Conviction18 months

IMPORTATION OR EXPORTATION OF A SCHEDULE 4 OR 5 SUBSTANCE



Indictment3 years


Summary Conviction1 year

PRODUCTION OF A SCHEDULE 1 SUBSTANCE



Indictment onlylife imprisonment

PRODUCTION OF A SCHEDULE 2 SUBSTANCE (CANNABIS)



Indictment only7 years

PRODUCTION OF A SCHEDULE 3 SUBSTANCE



Indictment10 years


Summary Conviction18 months

PRODUCTION OF A SCHEDULE 4 SUBSTANCE



Indictment3 years


Summary Conviction1 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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