| Drug Trafficking (Sch. IV) | |
|---|---|
| Section 5 of the Controlled Drugs and Substances Act | |
| Election / Plea | |
| Election | Hybrid |
| Jurisdiction | Prov. Court SC Judge + PI (indict.) SC Jury + PI (indict.) |
| Summary Dispositions | |
| Avail. Disp. (Summ.) | Discharge Suspended Sentence |
| Minimum | N/A |
| Maximum | 1 year jail |
| Indictable Dispositions | |
| Avail. Disp. | Discharge Suspended Sentence |
| Minimum | N/A |
| Maximum | 3 years jail |
| References | |
| Offence Elements Sentence Principles Sentence Digests | |
| Related Offences | |
| Trafficking (Sch. I), (Sch. II), (Sch. III) | |
Legislation
Trafficking in substance
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.
Punishment
(3) Every person who contravenes subsection (1) or (2)
...<brP>
- (c) where the subject-matter of the offence is a substance included in Schedule IV,
- (i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years, or
- (ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.
...
Interpretation
(5) For the purposes of applying subsection (3) or (4) in respect of an offence under subsection (1), a reference to a substance included in Schedule I, II, III or IV includes a reference to any substance represented or held out to be a substance included in that Schedule.
...
– CDSA
Application
- For principles on Drug Offences Generally, see Drug Offences
Schedule IV: Barbiturates, Steroids, etc.
Offenders found trafficking in a Schedule IV controlled substance (e.g. Barbiturates and steroids) are liable for either a indictable offence with a maximum penalty of 3 years in jail or summary offence with a maximum penalty of 12 months in jail.
Case Digests
See Also
- Canadian Criminal Sentencing/Offences/Offences by Penalty
- Canadian Criminal Law/Appendix/CDSA Schedules
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