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

Drug Trafficking (Sch. III)
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. Discharge

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

Conditional Sentence
Maximum 18 months jail
Indictable Dispositions
Avail. Disp. Discharge

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

Conditional Sentence
Maximum 10 years jail
References
Offence Elements
Sentence Principles
Sentence Digests
Related Offences
Trafficking (Sch. I), (Sch. II), (Sch. IV)

LegislationEdit

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)
...

(b) where the subject-matter of the offence is a substance included in Schedule III,
(i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or
(ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months; and...

...
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

ApplicationEdit

For principles on Drug Offences Generally, see Drug Offences

Schedule III: Amphetamines, Hallucinogens, etc.Edit

Offenders found trafficking in a Schedule III controlled substance (e.g. Amphetamines and hallucinogens) are liable for either an indictable offense with a maximum penalty of 10 years in jail or summary offense with a maximum penalty of 18 months in jail.

See AlsoEdit

ReferencesEdit