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Controlled Drugs and Substances Act

s. 5 Trafficking in Substance

Trafficking in substance

  • Drug Offences (CDSA)
  • Drug Offences
Maximum sentence
Life (Schedule I or II) / 10 years (Schedule III or V) / 3 years (Schedule IV)
Classification
Hybrid

Last verified: June 2026 ยท Source: laws-lois.justice.gc.ca

The law says

CDSA s. 5
Verify on justice.gc.ca(opens in a new tab)
  • (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.
  • (2)No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III, IV or V.
  • (3)Every person who contravenes subsection (1) or (2) (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substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life; (a.1) [Repealed, 2018, c. 16, s. 196]
  • (b)if the subject matter of the offence is a substance included in Schedule III or V, (i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or (ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months; and
  • (c)where the subject-matter of the offence is a substance included in Schedule IV, (i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years, or (ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year. (4) [Repealed, 2012, c. 1, s. 39]
  • (5)For the purposes of applying subsection (3) in respect of an offence under subsection (1), a reference to a substance included in Schedule I, II, III, IV or V includes a reference to any substance represented or held out to be a substance included in that Schedule. (6) [Repealed, 2018, c. 16, s. 196]
Amendment History (5)
  • 1996, c. 19, s. 5
  • 2012, c. 1, s. 39
  • 2017, c. 7, s. 3
  • 2018, c. 16, s. 196
  • 2022, c. 15, s. 15

Justice Laws is the authoritative version. If this copy and it ever differ, Justice Laws wins.

Immigration

Where this offence sits under IRPA

Drug trafficking is serious criminality under IRPA s.36(1) for Schedule I and II drugs, where the top sentence is life. The same is true for Schedule III, where the top sentence is 10 years. Deemed rehabilitation does not apply to those versions. For a conviction outside Canada, the path is to apply for criminal rehabilitation (s.36(3)(c)). For one in Canada, it is a record suspension (s.36(3)(b)). Trafficking in cannabis is still illegal, even though possession within the legal limits is not.

This is how the law sorts the offence, not a reading of any one record. An officer decides each case.

IRPA sections involved