What Are The Potential Penalties For Drug Production?
Under section 7 of the Controlled Drugs and Substances Act, the potential penalties for drug possession are as follows:
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Schedule I Substance (straight indictable offence):
- Minimum punishment of 3 years imprisonment if aggravating factors under s. 7(3) exist (discussed below)
- Maximum punishment of life imprisonment.
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Schedule II Substance straight indictable offence):
- Minimum punishment of 1 year, if the production is for the purpose of trafficking OR 18 months if for the purpose of trafficking and factors set out in s. 7(3) exist (discussed below).
- Maximum punishment of life imprisonment.
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Schedule III Substance (hybrid offence):
- If Crown proceeds by summary conviction: Maximum punishment of 18 months imprisonment.
- If Crown proceeds by indictment: maximum punishment of 10 years imprisonment.
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Schedule IV Substance (hybrid offence):
- If Crown proceeds by summary conviction: Maximum punishment of 1 year imprisonment.
- If Crown proceeds by indictment: maximum punishment of 3 years imprisonment
If convicted of possession of a Schedule I or II substance, the following factors must be taken into account on sentencing under section 7(3) of the CDSA:
- the person used real property that belongs to a third party in committing the offence;
- the production constituted a potential security, health or safety hazard to persons under the age of 18 years who were in the location where the offence was committed or in the immediate area;
- the production constituted a potential public safety hazard in a residential area; or
- the person set or placed a trap, device or other thing that is likely to cause death or bodily harm to another person in the location where the offence was committed or in the immediate area, or permitted such a trap, device or other thing to remain or be placed in that location or area.
