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Controlled Drug and Substances Act (CDSA) (CDSA Search Warrants (Issued on…
Controlled Drug and Substances Act (CDSA)
Possession for the Purpose of Trafficking
Schedule III Drugs
IND - Max 10 years
SC - 18 months
Four Categories of Controlled Substances
Stimulants
Effects
Speeds up mental process
More alert and energetic
Examples
Cocaine
Methamphetamine's
Caffeine
Nicotine
Hallucinogens
Effects
They change your perception of reality
Examples
LSD
Magic mushrooms
Large amounts of cannabis
Ecstacy
Depressants
Effects
More relaxed
Less conscious of surroundings
Examples
Opioids (heroin, methadone, morphine)
Alcohol
Valium
Cannabis
Psychiatric Medications
Medications are developed and prescribed for the treatment of psychiatric disorders
Schedules of Drugs
Schedule I
Opioids
Cocaine
Meth
PCP
Ketamine
IND - 7 years
SC
Schedule II
Synthetic Cannabis and similar types
IND - 5 years less a day
SC
Schedule III
Amphetamines
MDMA
LSD
Methaqualone
Magic mushroom
Rohypnol
GHB
IND - 3 years
SC
Schedule IV
Barbiturates
Benzodiazepine's
CDSA Search Warrants
Issued on RG that:
An offence in relation to the CDSA involving a controlled substance or precursor has been committed
Any controlled substance or precursor is kept or concealed
Offence related property is kept or concealed
Anything that would afford evidence to that offence
The warrant authorizes police to enter the place at any time, and seize drugs AND evidence
CDSA search warratns authorize entry into any place including a dwelling douse at any time
The search warrant may be issued by tele-warrant
May issue warrant for another province after being endorsed by a justice in that province
On reasonable grounds police may search a person found in a place being searched for drugs, etc.
Police may seize property not named in the search warrant but are related to the named offence or may afford evidence to other criminal offences
Plain View Doctrine
Police may seize without warrant anything that they believe is evidence that is in plain view
Police must be lawfully in the place where the evidence is seized from
Report to a Justice
CDSA provides that police
Make a report to a justice and list all substances, precursors, and offence related property
Go before a justice as soon as reasonable in the circumstances
For seizures made with or without a warrant
Production of a Substance
Except as authorized, no person shall produce a substance included in schedule I, II, III or IV
Produce means to acquire the substance by manufacturing, synthesizing, or using any means to alert the chemical or physical properties of the substance.
Cultivating, propagating or harvesting the substance or any living thing from which the substance cam be extracted or otherwise obtained and includes offer to produce