Canadian Criminal Sentencing/Offences/Drug Trafficking (Schedule IV)

Drug Trafficking (Sch. IV)
Section 5 of the Controlled Drugs and Substances Act
Election / Plea
ElectionHybrid
JurisdictionProv. Court
SC Judge + PI (indict.)
SC Jury + PI (indict.)
Summary Dispositions
Avail. Disp. (Summ.)Discharge

Suspended Sentence
Fine
Fine + Probation
Jail
Jail + Probation (s. 731(1)(b))
Jail + Fine

Conditional Sentence
MinimumN/A
Maximum1 year jail
Indictable Dispositions
Avail. Disp.Discharge

Suspended Sentence
Fine
Fine + Probation
Jail
Jail + Probation (s. 731(1)(b))
Jail + Fine

Conditional Sentence
MinimumN/A
Maximum3 years jail
References
Offence Elements
Sentence Principles
Sentence Digests
Related Offences
Trafficking (Sch. I), (Sch. II), (Sch. III)

Legislation edit

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 edit

For principles on Drug Offences Generally, see Drug Offences

Schedule IV: Barbiturates, Steroids, etc. edit

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 edit

See Also edit