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← Back to Law ExplorerLast verified: March 2026 · Source: laws-lois.justice.gc.ca
Drug Offences (CDSA)Hybrid
CDSA-4

Possession of Substance

Possession of substance

Drug Offences
Maximum Sentence

7 years (Schedule I) / 3 years (Schedule III)

Classification: Hybrid
🍁 Immigration Impact

Hybrid offence under CDSA. Schedule I possession with a 7-year maximum creates inadmissibility under IRPA s.36(2). Cannabis possession has been legal in Canada since October 2018 (Cannabis Act) — foreign cannabis possession convictions may no longer have a Canadian equivalent. Other drug possession remains grounds for inadmissibility.

Legal Text — CDSA s. CDSA-4

Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II, or III of the Controlled Drugs and Substances Act. Punishment varies by schedule: Schedule I (e.g., heroin, cocaine, fentanyl) — indictable: 7 years. Schedule II (cannabis — now governed by Cannabis Act) — no longer applicable for simple possession. Schedule III (e.g., amphetamines) — indictable: 3 years.

Amendment History (2)
1996, c. 19, s. 4
2018, c. 16 (Cannabis Act)
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