Controlled Drugs and Substance Act Flashcards
Analogue
DEFN
- means a substance that, in relation to a controlled substance, has a substantially similar chemical structure
Controlled Substance
DEFN
A substance included in schedule 1-5 and includes any mixture or anything that has on it a controlled substance, ex - Bong, pipe, syringe
Designated substance offence
All CDSA offences with the exception of:
4(1) - Possession
Precursor
Any substance included in Schedule 4
- drugs that are used to make other drugs ex Sudafed used to make meth
s. 4 (1)
Possession
- except as authorized under the regulations, no person SHALL possess a substance included in schedule 1-3
s. 4(3)
Types of Possession
3
1 - Personal - actual physical possession, on OR in the person
2 - Constructive - not in physical possession but they must have knowledge AND a degree of control over the substance, ex in a storage locker
3 - Joint - knowledge of the controlled substance and consent AND any degree of control
Possession
(3)
DEFN
- a person must have:
1 - Knowledge
2 - Consent
3 - Control
Good Samaritan Drug Overdose Act
Exemption from Possession charge:
- no one seeking medical aid as a result of an overdose SHALL be charged or convicted under 4 (1), includes anything including the person overdosing and violations of conditions
Double Doctoring
s. 4 (2)
No person shall seek or obtain a substance in schedule 1-4 OR an authorization (prescription) to obtain a scheduled substance from any other practitioner within 30 days, they must DISCLOSE they received the same prescription from another doctor
Trafficking
5 (1)
No person shall traffic in a substance included in 1-5 in any substance OR any substance HELD OUT (substance represented to be such a substance ex- baking power sold as cocaine)
Held Out (Substance)
2
involves a substance that is not actually an illegal substance
BUT
1 - the act of holding the substance out to be an illegal substance
2 - the intention to represent or hold the substance out to be an illegal substance
s. 5(2)
Possession for the purpose of Trafficking
No person SHALL possess a substance included in schedule 1-5 for trafficking
s. 6(1)
Importing
- except authorized by regulations, no person SHALL import or export into Canada any schedule substance 1-6
s. 6(2)
Exporting
- unless authorized under regulations, no person shall possess a substance included in Schedule 1 - 6 for the purpose of exporting it from Canada
s. 7(1)
Production
except as authorized, no person SHALL produce a substance included in schedule 1-5, manufacturing or synthesizing or altering by any means