Production

The Controlled Drugs and Substances Act established eight Schedules of controlled substances. Possession of a Schedule I and Schedule II substance are among the common possession offences. Schedule I includes substances such as heroin-based substances and cocaine. Schedule II focuses on marijuana, hashish, and their derivatives. Schedules III-IV include other controlled substances such as mushrooms, ecstasy, and steroids.

• Bath salts
• Benzodiazepines
• Cocaine and crack
• Codeine
• Fentanyl
• GHB
• Heroin
• Ketamine
• LSD
• Magic mushrooms
• MDMA
• Methamphetamine
• Opioids
• PCP
• Salvia

• Factual Innocence: If the Crown is unable to prove the essential elements of the particular offence beyond a reasonable doubt, they will have failed to discharge their burden, and the accused will be acquitted.
• Violation of Charter Rights: Under the Canadian Charter of Rights and Freedoms, individuals are afforded specific rights, including:
  • the right against unreasonable search and seizure;
  • the right to not be arbitrarily detained;
  • the right to be informed promptly of the reasons for arrest;
  • the right to retain and instruct counsel without delay; and
  • the right to be tried within a reasonable time.

A successful Charter challenge may also result in a stay of proceedings, or evidence from your case being excluded.

Under section 7 of the Controlled Drugs and Substances Act, the potential penalties for drug production are as follows:

• 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.
• 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.
• Schedule III Substance (hybrid offence):
  • If the Crown proceeds by summary conviction: maximum punishment of 18 months imprisonment.
  • If the Crown proceeds by indictment: maximum punishment of 10 years imprisonment.
• Schedule IV Substance (hybrid offence):
  • If the Crown proceeds by summary conviction: maximum punishment of 1 year imprisonment.
  • If the Crown proceeds by indictment: maximum punishment of 3 years imprisonment.

If convicted of production 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.

The definition of Production is broad. Under the Controlled Drugs and Substances Act for Schedule I to IV, Production of drugs means to obtain by any method or process including:

1. Manufacturing, synthesizing, or using any means of altering the chemical or physical properties of the substance, or
2. Cultivating, propagating, or harvesting the substance or any living thing from which the substance may be extracted or otherwise obtained, including offers to produce.