Act: Controlled Drugs and Substances Act, S.C. 1996, c. 19
Regulation: Narcotic Control Regulations, C.R.C., c. 1041; Food and Drug Regulations - Parts G (Controlled Drugs) and J (Restricted Drugs), C.R.C. c. 870; Benzodiazepines and Other Targeted Substances Regulations, SOR/2000-217; Precursor Control Regulations, SOR/2002-359; Marihuana Medical Access Regulations, SOR/2005-177; Industrial Hemp Regulations, SOR/98-156; Qualifications for Designations as Analysts Regulations, SOR/98-594; Regulations Exempting Certain Precursors and Controlled Substances from the Application of the Controlled Drugs and Substances Act, SOR/97-229; Controlled Drugs and Substances Act (Police Enforcement) Regulations, SOR/97-234.
Manufacturers, distributors, importers and exporters of controlled substances and precursor chemicals, as well as practitioners, pharmacists, persons in charge of hospitals, law enforcement and other government departments and agencies.
Clients are those who are suffering from grave and debilitating illnesses.
"Controlled substance" means a substance included in Schedule I, II, III, IV or V of the Controlled Drugs and Substances Act (CDSA).
"Precursor" means a substance included in Schedule VI of the CDSA.
The CDSA is of federal jurisdiction; therefore it applies to all provinces and territories within Canada.
The Controlled Drugs and Substances Act (CDSA) is an act respecting the control of certain drugs, their precursors and other substances classified as controlled. The Act prohibits the impor, export, production, distribution, and in some cases, possession of substances included in the Schedules unless authorized by the Regulations.
The Narcotic Control Regulations apply to narcotics, defined as "any substance set out in the schedule or anything that contains any substance set out in the schedule" of Regulations. Regulations specify the requirements for:
The Food and Drug Regulations (Parts G and J) outline similar regulations for controlled and restricted drugs respectively.
The Benzodiazepines and Other Targeted Substances Regulations specify the requirements for the similar type of activities with regards to benzodiazepines, their salts and derivatives and other targeted substances mentioned in Schedules 1 and 2 of the Regulations.
The Precursor Control Regulations provide controls on the import, export, production and distribution of precursor chemicals. The intent of the Regulations is to control and monitor precursors, while at the same time avoid undue restrictions on their legitimate trade. The main components of the regulations include:
The Marihuana Medical Access Regulations deal with the authorization to possess, licence to produce and supply of marihuana for medical use to seriously ill patients who have the support of a physician.
The Industrial Hemp Regulations apply to:
The Qualifications for Designations as Analysts Regulations specify the qualifications necessary to be designated as analysts pursuant to Section 44 of the CDSA.
Regulations Exempting Certain Precursors and Controlled Substances for the Application of the Controlled Drugs and Substances Act list the precursors and controlled substances that are exempt from the application of the CDSA.
The Controlled Drugs and Substances Act (Police Enforcement) Regulations exempt members of police forces from sections of the CDSA for the purpose of performing their duties.
Any person wishing to manufacture, import, export, give, transport, send, deliver or distribute a narcotic must be a licensed dealer unless otherwise authorized in the Regulations or exempted under section 56 of the CDSA. The fee for a licence is $1750 (there is a possibility to apply for a fee reduction if some criteria are met). An application for a controlled substance licence or an import and export permit can be obtained from the Office of Controlled Substances. A licensed dealer wanting to import or export a controlled substance must also obtain a permit. There is no fee for the issuance of an import or export permit.
Note: The CDSA came into force on May 14, 1997. At the same time, the Narcotic Control Act was repealed.
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, the users are invited to contact their lawyer. For additional information, see contact(s) listed below.
See National Contact.
Office of Controlled Substances
123 Slater Street
Ottawa, Ontario K1A 0K9
Web site: http://www.hc-sc.gc.ca/index_e.html