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What is Section 5 of the CDA?
Are drug trafficking offences covered under the CDSA?
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5 (1) No person shall traffic in a substance included in Schedule I, II, III, IV or V or in any substance represented or held out by that person to be such a substance. Marginal note: Possession for purpose of trafficking (2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III, IV or V.
- Controlled Drugs and Substances Act
Federal laws of Canada. Short Title. Marginal note: Short...
- Controlled Drugs and Substances Act
After you have considered all the evidence, you may reach one of three verdicts: 1. Not guilty; 2. Guilty of possession for the purpose of trafficking; 3. Not guilty of possession for the purpose of trafficking, but guilty of the included offence of possession.
Table of Contents. Controlled Drugs and Substances Act. 1 - Short Title. 2 - Interpretation. 4 - PART I - Offences and Punishment. 4 - Particular Offences. 9 - Report to Parliament. 10 - Sentencing. 10.1 - PART I.1 - Evidence-based Diversion Measures.
Section 5 (2) CDSA – Possession for the Purpose of Trafficking. Controlled Drugs and Substances Act. Section 5 (2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III or IV. Related Links: Elements of Possession for the Purpose of Trafficking. Keywords:
- Kind of Drug
- The Quantity of Drugs
- Circumstances of The Trafficking
- The Background of The Offender
Harder drugs attract lengthier jail sentences, and the Schedule informs the seriousness of the drug it falls into. By way of illustration, Schedule I drugs are the most serious and would include cocaine and heroin. Trafficking in Schedule I drugs will generally attract lengthy periods of incarceration. Whereas Schedule IV drugs are deemed less seri...
The amount of drugs involved in a trafficking case can impact the sentence handed down by a judge. Generally, larger quantities of drugs will result in more severe penalties. Both the type and quantity of the drug are considered when determining the appropriate sentence.
The circumstances of the drug trafficking will be taken into consideration when determining the sentence. Factors that may be considered include the scale and scope of the operation, whether it was a large-scale professional operation or a small-scale personal transaction, and the level of planning and organization involved. The more serious the ci...
The personal history and circumstances of the offender will be taken into consideration by the sentencing judge in determining the appropriate sentence for a drug trafficking offence. This may include the age of the offender, any prior criminal record, any previous drug offences, family and community ties, and the likelihood of rehabilitation. Thes...
Jun 18, 2024 · Under s.5(1) of the CDSA, it is an offence to traffic in a substance included in Schedule I, II, III, IV, or V. However, s. 5 (2) of the CDSA makes it a crime to possess such substances for the purpose of trafficking.
Punishment. (2) Every person who contravenes subsection (1) (a) if the subject matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life; (a.1) [Repealed, 2022, c. 15, s. 17] (b) [Repealed, 2018, c. 16, s. 197]
