NARCOTIC CONTROL ACT
The Narcotic Control Act has now been replaced by
the Controlled Drugs and Substances Act. Narcotic is defined as including opium, cocaine, marijuana, and similar synthetics such as amodines, morphinans, fentanyl, and
nabilone.
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POSSESSION OF ANY NARCOTIC
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Indictment: |
7 years
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Summary Conviction: | First offence: 6 months and/or $1000
fine
Second Offence: 1 year
and/or $2000 fine
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TRAFFICKING IN ANY NARCOTIC OR ANYTHING HELD OUT TO BE A NARCOTIC,
POSSESSION FOR THE PURPOSES OF TRAFFICKING
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Indictment only: |
Life Imprisonment
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IMPORTATION OF EXPORTATION OF ANY NARCOTIC
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Indictment only: |
Maximum Life Imprisonment, minimum 7 years (the minimum 7 year penalty was deemed unconstitutional in 1987)
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CULTIVATION OF OPIUM OR MARIJUANA
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Indictment only: |
7 years
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FOOD AND DRUG ACT
The Food and Drug Act has now been replaced by the Controlled
Drugs and Substances Act. Examples of controlled drugs include: amphetamine, methaqualone, phenmetrazine. Examples of restricted drugs include: LSD, DMT, MDA)
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TRAFFICKING IN A CONTROLLED OR RESTRICTED DRUG, OR POSSESSION FOR THE
PURPOSES OF TRAFFICKING
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Indictment |
10 years
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Summary Conviction | 18 months
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POSSESSION OF A RESTRICTED DRUG
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Indictment | 3 years and/or $5,000 fine
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Summary Conviction | First offence: 6 months and/or $2000 fine
Second Offence 1 year and/or $5000 fine
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CONTROLLED DRUG AND SUBSTANCES ACT
This act, and the penalties within, replace both the Food and Drug Act and
the Narcotic Control Act.
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POSSESSION OF A SCHEDULE 1 SUBSTANCE
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Indictment | 7 years
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Summary Conviction | First offence: 6 months and/or $1000 fine
Second Offence 1 year and/or $2000 fine
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POSSESSION OF MARIJUANA (SCHEDULE 2)
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Indictment | 5 years less a day
(no trial by jury)
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Summary Conviction: | as for Schedule 1
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POSSESSION OF LESS THEN 30 GRAMS OF MARIJUANA OR 1 GRAM OF RESIN
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Summary Conviction only: | First offence: 6 months and/or $1000 fine
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fingerprint those charged with a strictly summary conviction offence,
although there would still be a criminal record entered into their computer
database)
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POSSESSION OF A SCHEDULE 3 SUBSTANCE
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Indictment | 3 years
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Summary Conviction | as for Schedule 1
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TRAFFICKING IN SCHEDULE 1 OR 2 SUBSTANCES (EXCEPT IN CASES OF LESS
THEN 3KG OF MARIJUANA) OR POSSESSION FOR THE PURPOSES OF TRAFFICKING
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Indictment only | life imprisonment
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TRAFFICKING IN LESS THAN 3KG OF MARIJUANA, OR POSESSION OF LESS THAN
3KG FOR THE PURPOSES OF TRAFFICKING
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Indictment only: | 5 years less a day
(no trial by
jury)
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TRAFFICKING IN A SCHEDULE 3 SUBSTANCE
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Indictment | 10 years
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Summary Conviction | 18 months
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TRAFFICKING IN A SCHEDULE 4 SUBSTANCE
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Indictment | 3 years
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Summary Conviction | 1 year
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IMPORTATION OR EXPORTATION OF A SCHEDULE 1 OR 2 SUBSTANCE
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Indictment only | life imprisonment
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IMPORTATION OR EXPORTATION OF A SCHEDULE 3 OR 6 SUBSTANCE
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Indictment | 10 years
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Summary Conviction | 18 months
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IMPORTATION OR EXPORTATION OF A SCHEDULE 4 OR 5 SUBSTANCE
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Indictment | 3 years
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Summary Conviction | 1 year
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PRODUCTION OF A SCHEDULE 1 SUBSTANCE
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Indictment only | life imprisonment
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PRODUCTION OF A SCHEDULE 2 SUBSTANCE (CANNABIS)
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Indictment only | 7 years
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PRODUCTION OF A SCHEDULE 3 SUBSTANCE
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Indictment | 10 years
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Summary Conviction | 18 months
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PRODUCTION OF A SCHEDULE 4 SUBSTANCE
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Indictment | 3 years
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Summary Conviction | 1 months
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SCHEDULES
SCHEDULE 1 Those drugs already listed in the Narcotic Control Act,
including opium, heroin, morphine, coca leaves, cocaine, methadols, moramides and fentanyl.
SCHEDULE 2 All forms of cannabis, cannabis resin, and
"similar synthetics" like nabilone. Specifically excludes non-viable seed and a stalk that has been stripped
of leaves and branches.
SCHEDULE 3 Stimulants and hallucinogens listed in the
Food and Drug Act, including amphetamine, quaaludes, psilocybe, LSD, DMT, MDA.
SCHEDULE 4 Some prescribed drugs, anabolic
steroids, weight reduction drugs (anorexiants), sedatives such as barbituates and benzodiazepines (better known as
Seconal, Valium and Librium), and khat. (Khat is a currently legal herb which is used
culturally by Somalians.)
SCHEDULE 5 Ingredients which may appear in
non-prescription medication, including phenylpropanolamine and propylhexedrine.
SCHEDULE 6 Certain precursors (substances commonly
used to manufacture some of the other listed drugs).
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