Canada's Current Drug Laws

Note: Canada's current drug laws will be replaced by the Controlled Drugs and Substances Act, when the Act is proclaimed in force. The Act was passed by Parliament on June 20, 1996, but was not (as of January 27, 1997) yet proclaimed in force. Please check the CFDP home page update section to find out when the Act is proclaimed in force.

Canada's principal drug laws -- the Narcotic Control Act and the Food and Drugs Act -- are enacted by the Parliament of Canada. These are federal laws that apply across Canada. They prohibit activities such as possession, possession for the purpose of trafficking, trafficking, importing and exporting and cultivation. Canada's main criminal law, the Criminal Code, contains further provisions dealing with drug paraphernalia.

A note on criminal records: A person *convicted* of an offence under any of these laws automatically receives a criminal record. However, section 736 of the Criminal Code allows a court to grant an absolute or conditional discharge for offences punishable by less than 14 years imprisonment (unless the law specifies a minimum penalty).

A person who receives an absolute discharge from a court is deemed not to have been convicted (although he has been found "guilty"). A conditional discharge does not become "absolute" until the person has complied with all the conditions that the court attaches to the discharge. Once the person complies with all the conditions, the discharge becomes "absolute" and the person is deemed not to have been convicted. A person who receives a discharge (either an absolute discharge or a conditional discharge where the person has complied with all the conditions) is not supposed to acquire a formal criminal record. **However**, information about the person will still be maintained in court files and in some police files (and may be shared with police forces in other countries, so that, despite the lack of a criminal record, the person may not be permitted to enter those countries.).

As well, the Criminal Records Act, c. C-47, a law enacted by Parliament, seems to permit government departments and agencies (including the police) to keep records of discharges and disclose the records to others (like police authorities in other countries).

Section 6.1(1) of the Act permits a government department or agency to disclose a record of a discharge for up to one year after an absolute discharge is granted, and three years after a conditional discharge. Even after the one or three year periods have expired, the Minister (the Solicitor General of Canada) can allow the record to be disclosed.

The relevant sections of the Criminal Records Act read as follows:

Discharges

6.1 (1) No record of a discharge under section 736 of the Criminal Code that is in the custody of the Commissioner or of any department or agency of the Government of Canada shall be disclosed to any person, nor shall the existence of the record or the fact of the discharge be disclosed to any person, without the prior approval of the Minister, if

(a) more than one year has elapsed since the offender was discharged absolutely; or

(b) more than three years have elapsed since the offender was discharged on the conditions prescribed in a probation order.

Purging C.P.I.C.

(2) The Commissioner [that is, the Commissioner of the RCMP] shall remove all references to a discharge under section 736 of the Criminal Code from the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police on the expiration of the relevant period referred to in subsection (1).

The Narcotic Control Act covers drugs such as heroin, cocaine and cannabis, calling them "narcotics". The Act prohibits several activities:

    . possession of a "narcotic" covered by the Act

    . possession for the purpose of trafficking

    . trafficking

    . cultivating

    . importing, and

    . exporting.

Possession: Section 3 prohibits the possession of a narcotic. If the prosecutor decides to prosecute the offence as an indictableSee footnote 1 offence, the maximum penalty is 7 years imprisonment. If the prosecutor decides to prosecute the offence as a summary convictionSee footnote 1 offence, the maximum penalty for the first offence is 6 months imprisonment or a $1000 fine, or both. The maximum penalty for any subsequent offence is one year imprisonment or a $2000 fine, or both.

Possession for the purposes of trafficking and trafficking: Section 4 prohibits the trafficking of a narcotic or the possession of a narcotic for the purposes of trafficking. The maximum penalty is imprisonment for life. Section 2 of the Act defines "traffic" to mean:

    (a) to manufacture, sell, give, administer, transport, send, deliver or distribute, or

    (b) to offer to do anything referred to in paragraph (a).

Trafficking therefore covers a wide range of activities that a person might not normally think of as "trafficking" -- even delivering a small package of marijuana to a friend for no money.

Importing or exporting: Section 5 prohibits importing or exporting a narcotic. This is an indictable offence with a maximum penalty of life imprisonment. The section states that the minimum penalty is 7 years imprisonment, but in 1987 the Supreme Court of Canada held that the minimum penalty was a cruel and unusual punishment and thus unconstitutional.

Cultivation: Section 6 prohibits the growing of opium or marihuana without a federal licence. This is an indictable offence, and the penalty is imprisonment for no more than 7 years.

Possession of proceeds of a drug offence: Section 19.1 prohibits the possession in Canada of property or money which was obtained directly or indirectly from the commission of an offence under section 4, 5, or 6 of this Act anywhere in the world. If the value of the property or money is more than $1000, the penalty is no more than 10 years imprisonment. If the value of the property or money is less than $1000, this is a hybrid offence; the penalty is imprisonment for no more than 2 years if the prosecutor prosecutes the offence as an indictable offence, or no more than 6 months imprisonment or a fine of no more than $2000, or both, if the prosecutor treats the offence as a summary conviction offence.

"Laundering" of proceeds of a drug offence: Section 19.23 prohibits the laundering in Canada of money obtained from the commission of an offence under section 4, 5, or 6 anywhere in the world. This is a hybrid offence. The penalty is imprisonment for no more than 10 years if the prosecutor prosecutes the offence as an indictable offence, or no more than 6 months imprisonment or a fine of no more than $2000, or both, if the prosecutor treats the offence as a summary conviction offence.

Controlled Drugs

Part III of the Act deals with "Controlled Drugs". A controlled drug is any drug listed in Schedule G of the Act. Such drugs include amphetamine, methamphetamine and testosterone.

It is not illegal to possess a controlled drug, unless the possession is for the purpose of trafficking.

Possession for the purpose of trafficking and trafficking: Section 39 prohibits both the trafficking of any controlled drug and the possession of any controlled drug for the purpose of trafficking. This is a hybrid offence. The maximum penalty is imprisonment for no more than 10 years on indictment, or 18 months on summary conviction.

Possession of proceeds of a drug offence: Section 44.2 prohibits the possession in Canada of property or money which was obtained directly or indirectly from the trafficking of any controlled drug anywhere in the world. If the value of the property or money is more than $1000, this is an indictable offence with the punishment set at no more than 10 years imprisonment. If the value of the property or money is less than $1000, this is a hybrid offence; the penalty is a maximum 2 years imprisonment on indictment. On summary conviction, the maximum is 6 months or a fine of no more than $2000, or both.

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Canada's Current Drug Laws

Note: Canada's current drug laws will be replaced by the Controlled Drugs and Substances Act, when the Act is proclaimed in force. The Act was passed by Parliament on June 20, 1996, but was not (as of January 27, 1997) yet proclaimed in force. Please check the CFDP home page update section to find out when the Act is proclaimed in force.

Canada's principal drug laws -- the Narcotic Control Act and the Food and Drugs Act -- are enacted by the Parliament of Canada. These are federal laws that apply across Canada. They prohibit activities such as possession, possession for the purpose of trafficking, trafficking, importing and exporting and cultivation. Canada's main criminal law, the Criminal Code, contains further provisions dealing with drug paraphernalia.

A note on criminal records: A person *convicted* of an offence under any of these laws automatically receives a criminal record. However, section 736 of the Criminal Code allows a court to grant an absolute or conditional discharge for offences punishable by less than 14 years imprisonment (unless the law specifies a minimum penalty).

A person who receives an absolute discharge from a court is deemed not to have been convicted (although he has been found "guilty"). A conditional discharge does not become "absolute" until the person has complied with all the conditions that the court attaches to the discharge. Once the person complies with all the conditions, the discharge becomes "absolute" and the person is deemed not to have been convicted. A person who receives a discharge (either an absolute discharge or a conditional discharge where the person has complied with all the conditions) is not supposed to acquire a formal criminal record. **However**, information about the person will still be maintained in court files and in some police files (and may be shared with police forces in other countries, so that, despite the lack of a criminal record, the person may not be permitted to enter those countries.).

As well, the Criminal Records Act, c. C-47, a law enacted by Parliament, seems to permit government departments and agencies (including the police) to keep records of discharges and disclose the records to others (like police authorities in other countries).

Section 6.1(1) of the Act permits a government department or agency to disclose a record of a discharge for up to one year after an absolute discharge is granted, and three years after a conditional discharge. Even after the one or three year periods have expired, the Minister (the Solicitor General of Canada) can allow the record to be disclosed.

The relevant sections of the Criminal Records Act read as follows:

Discharges

6.1 (1) No record of a discharge under section 736 of the Criminal Code that is in the custody of the Commissioner or of any department or agency of the Government of Canada shall be disclosed to any person, nor shall the existence of the record or the fact of the discharge be disclosed to any person, without the prior approval of the Minister, if

(a) more than one year has elapsed since the offender was discharged absolutely; or

(b) more than three years have elapsed since the offender was discharged on the conditions prescribed in a probation order.

Purging C.P.I.C.

(2) The Commissioner [that is, the Commissioner of the RCMP] shall remove all references to a discharge under section 736 of the Criminal Code from the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police on the expiration of the relevant period referred to in subsection (1).

The Narcotic Control Act covers drugs such as heroin, cocaine and cannabis, calling them "narcotics". The Act prohibits several activities:

    . possession of a "narcotic" covered by the Act

    . possession for the purpose of trafficking

    . trafficking

    . cultivating

    . importing, and

    . exporting.

Possession: Section 3 prohibits the possession of a narcotic. If the prosecutor decides to prosecute the offence as an indictableSee footnote 1 offence, the maximum penalty is 7 years imprisonment. If the prosecutor decides to prosecute the offence as a summary convictionSee footnote 1 offence, the maximum penalty for the first offence is 6 months imprisonment or a $1000 fine, or both. The maximum penalty for any subsequent offence is one year imprisonment or a $2000 fine, or both.

Possession for the purposes of trafficking and trafficking: Section 4 prohibits the trafficking of a narcotic or the possession of a narcotic for the purposes of trafficking. The maximum penalty is imprisonment for life. Section 2 of the Act defines "traffic" to mean:

    (a) to manufacture, sell, give, administer, transport, send, deliver or distribute, or

    (b) to offer to do anything referred to in paragraph (a).

Trafficking therefore covers a wide range of activities that a person might not normally think of as "trafficking" -- even delivering a small package of marijuana to a friend for no money.

Importing or exporting: Section 5 prohibits importing or exporting a narcotic. This is an indictable offence with a maximum penalty of life imprisonment. The section states that the minimum penalty is 7 years imprisonment, but in 1987 the Supreme Court of Canada held that the minimum penalty was a cruel and unusual punishment and thus unconstitutional.

Cultivation: Section 6 prohibits the growing of opium or marihuana without a federal licence. This is an indictable offence, and the penalty is imprisonment for no more than 7 years.

Possession of proceeds of a drug offence: Section 19.1 prohibits the possession in Canada of property or money which was obtained directly or indirectly from the commission of an offence under section 4, 5, or 6 of this Act anywhere in the world. If the value of the property or money is more than $1000, the penalty is no more than 10 years imprisonment. If the value of the property or money is less than $1000, this is a hybrid offence; the penalty is imprisonment for no more than 2 years if the prosecutor prosecutes the offence as an indictable offence, or no more than 6 months imprisonment or a fine of no more than $2000, or both, if the prosecutor treats the offence as a summary conviction offence.

"Laundering" of proceeds of a drug offence: Section 19.23 prohibits the laundering in Canada of money obtained from the commission of an offence under section 4, 5, or 6 anywhere in the world. This is a hybrid offence. The penalty is imprisonment for no more than 10 years if the prosecutor prosecutes the offence as an indictable offence, or no more than 6 months imprisonment or a fine of no more than $2000, or both, if the prosecutor treats the offence as a summary conviction offence.

Controlled Drugs

Part III of the Act deals with "Controlled Drugs". A controlled drug is any drug listed in Schedule G of the Act. Such drugs include amphetamine, methamphetamine and testosterone.

It is not illegal to possess a controlled drug, unless the possession is for the purpose of trafficking.

Possession for the purpose of trafficking and trafficking: Section 39 prohibits both the trafficking of any controlled drug and the possession of any controlled drug for the purpose of trafficking. This is a hybrid offence. The maximum penalty is imprisonment for no more than 10 years on indictment, or 18 months on summary conviction.

Possession of proceeds of a drug offence: Section 44.2 prohibits the possession in Canada of property or money which was obtained directly or indirectly from the trafficking of any controlled drug anywhere in the world. If the value of the property or money is more than $1000, this is an indictable offence with the punishment set at no more than 10 years imprisonment. If the value of the property or money is less than $1000, this is a hybrid offence; the penalty is a maximum 2 years imprisonment on indictment. On summary conviction, the maximum is 6 months or a fine of no more than $2000, or both.

"Laundering" of proceeds of a drug offence: Section 44.3 prohibits the laundering in Canada of money obtained from the trafficking of any controlled drug anywhere in the world. This is a hybrid offence. The maximum penalty is 10 years imprisonment on indictment. On summary conviction, the maximum is 6 months or a fine of no more than $2000, or both.

Restricted Drugs

Part IV of the Food and Drugs Act deals with "restricted" drugs. A restricted drug is any drug listed in Schedule H of the Act, and includes LSD and MDA.

Possession: Section 47 prohibits the possession of a restricted drug (remember that it is not an offence simply to possess a controlled drug). This is a hybrid offence. On indictment, the penalty is imprisonment for no more than 3 years, or a fine not exceeding $5000 or both. On summary conviction, the penalty for the first offence is imprisonment for no more than 6 months or a fine not exceeding $1000, or both, and for any subsequent offence is imprisonment for a term not exceeding one year or a fine not exceeding $2000, or both.

Possession for the purpose of trafficking or trafficking: Section 48 prohibits possession for the purpose of trafficking or trafficking in a restricted drug. This is a hybrid offence with the penalty set at imprisonment for no more than 10 years on indictment, or imprisonment for no more than 18 months on summary conviction.

Possession of proceeds of a drug offence: Section 50.2 prohibits the possession in Canada of property or money which was obtained directly or indirectly from the trafficking of any restricted drug anywhere in the world. If the value of the property or money is more than $1000, this is an indictable offence with the punishment set at no more than 10 years imprisonment. If the value of the property or money is less than $1000, this is a hybrid offence with a maximum penalty of 2 years imprisonment on indictment. On summary conviction, the maximum is 6 months imprisonment or a $2000 fine, or both.

"Laundering" of proceeds of a drug offence: Section 50.3 prohibits the laundering in Canada of money obtained from the trafficking of any restricted drug anywhere in the world. This is a hybrid offence with a maximum penalty of 10 years imprisonment on indictment. On summary conviction, the maximum is 6 months imprisonment or a $2000 fine, or both.

Criminal Code

The Criminal Code is the main criminal law of Canada. One of its main provisions relating to drugs deals with drug paraphernalia. Sections 462.1 and 462.2 prohibit with the importation, exportation, manufacture, promotion or sale of "instruments or literature for illicit drug use". These are all summary conviction offences. The penalties are as follows:

    a) for a first offence, a fine not more than $100,000 or imprisonment not longer than 6 months, or both;

    b) for other offences, a fine not more than $300,000 or imprisonment not longer than 1 year, or both.