skitzo63

From the marijuana party of Canada's website... maybe a good sticky for me and all Canadian members... jus tryin to help

http://www.marijuanaparty.org

The Controlled Drugs and Substances Act is a bad law which should never have been passed.
by Dana Larsen

The Controlled Drugs and Substances Act was first introduced by the Conservatives, but ultimately passed by the Liberal government in 1996, despite heavy criticism from every drug-policy and social group that testified before Parliament. The new law increased the drug-war powers of police, and "streamlined" the justice system to facilitate increased arrests and incarceration, as well as introducing property seizure for drug offences.

GREATER POWERS OF SEARCH

The Controlled Drugs and Substances Act widened the scope of police powers to search, so that a search warrant for a house or building now automatically includes all those who are present when the police enter. This means that the police can get a warrant for a club or pub, and then use it to perform a blanket search on everyone inside and make a mass arrest.

WIDENED SEIZURE AND FORFEITURE

The Narcotic Control Act and Food and Drug Act only permitted the seizure and forfeiture of drugs, paraphernalia, and "drug money". The Controlled Drugs and Substances Act introduced a new concept called "offence related property", which greatly expanded the type of property that can be seized by the court.

For example, any vehicle used to transport or distribute a prohibited substance can now be considered offence related property and will therefore be seized. This means that if you are convicted of trafficking and you used your car to transport the drugs your vehicle can be confiscated.

The Controlled Drugs and Substances Act also allows for the seizure of any "fortified drug house", which is defined as any property modified to "facilitate the commission of a drug offence". This broad definition includes grow rooms, and has led to the seizure of a number of homes across Canada.

COPS SELLING DRUGS

Unlike the previous Narcotic Control Act, the Controlled Drugs and Substances Act allows for police officers and their informants to sell drugs and violate the other provisions of the law. This clause has resulted in police and their informers encouraging people to buy and use certain drugs, and then turning them in for personal profit and reward. Many legal groups testified before Parlment that this and other clauses would be abused, but they were all ignored.

AGGRAVATING FACTORS

The "sentencing preamble" of the Controlled Drugs and Substances Act introduced the concept of "aggravating factors" in drug offences, which include the use of a weapon, the use or threat of violence, trafficking in or near any place "frequented by minors", trafficking to a minor, or having a previous drug conviction.

A judge must now provide a written reason for not imposing jail time upon anyone found guilty for any drug offence involving one of these factors. This is clearly an attempt by Parlment to intimidate judges into doling out more jail time for drug offences.

*********

What follows is a listing of the maximum penalties for drug offences under Canada's current drug law, the Controlled Drugs and Substances Act, passed by the Liberals in 1996.

SCHEDULE 1
Includes opium, heroin, morphine, coca leaves, cocaine, methadols, moramides and fentanyl.

POSSESSION Indictment: 7 years
Summary Conviction: First offence: 6 months and/or $1000 fine
Second Offence 1 year and/or $2000 fine

TRAFFICKING OR POSSESSION FOR THE PURPOSES OF TRAFFICKING
Indictment only: life imprisonment

IMPORTATION OR EXPORTATION
Indictment only: life imprisonment

PRODUCTION
Indictment only: life imprisonment

SCHEDULE 2
Includes all forms of cannabis, cannabis resin, and synthetic THC. Specifically excludes non-viable seed and a stalk that has been stripped of leaves and branches.

POSSESSION OF OVER 30 GRAMS OF MARIJUANA OR 1 GRAM OF RESIN
Indictment: 5 years less a day (no trial by jury)
Summary Conviction: First offence: 6 months and/or $1000 fine
Second Offence 1 year and/or $2000 fine

POSSESSION OF UNDER 30 GRAMS OF MARIJUANA OR 1 GRAM OF RESIN
Summary Conviction only: First offence: 6 months and/or $1000 fine
Second Offence 1 year and/or $2000 fine

(The RCMP is not supposed to photograph or fingerprint those charged with a strictly summary conviction offence, but there is still a criminal record.)

TRAFFICKING IN OVER 3kg, OR POSSESSION FOR THE PURPOSES OF TRAFFICKING
Indictment only: life imprisonment

TRAFFICKING IN UNDER 3kg, OR POSSESSION FOR THE PURPOSES OF TRAFFICKING
Indictment only: 5 years less a day (no trial by jury)

IMPORTATION OR EXPORTATION
Indictment only: life imprisonment

PRODUCTION
Indictment only: 7 years

SCHEDULE 3
Includes stimulants and hallucinogens including amphetamine, quaaludes, psilocybe, LSD, DMT, MDA.

POSSESSION
Indictment: 3 years
Summary Conviction: First offence: 6 months and/or $1000 fine
Second Offence 1 year and/or $2000 fine

TRAFFICKING OR POSSESSION FOR THE PURPOSES OF TRAFFICKING
Indictment: 10 years
Summary Conviction: 18 months

IMPORTATION OR EXPORTATION
Indictment: 10 years
Summary Conviction: 18 months

PRODUCTION
Indictment: 10 years
Summary Conviction: 18 months

SCHEDULE 4
Includes ome prescribed drugs, anabolic steroids, weight reduction drugs (anorexiants), sedatives such as barbituates and benzodiazepines (better known as Seconal, Valium and Librium), and khat. (Khat is a herb which is used culturally by Somalians, and was banned in Canada in 1996.)

TRAFFICKING
Indictment: 3 years
Summary Conviction: 1 year

IMPORTATION OR EXPORTATION
Indictment: 3 years
Summary Conviction: 1 year

PRODUCTION
Indictment: 3 years
Summary Conviction: 1 months

SCHEDULE 5
Ingredients which may appear in non-prescription medication, including phenylpropanolamine and propylhexedrine.

IMPORTATION OR EXPORTATION
Indictment: 3 years
Summary Conviction: 1 year

SCHEDULE 6
Certain precursors (substances commonly used to manufacture some of the other listed drugs).

IMPORTATION OR EXPORTATION
Indictment: 10 years
Summary Conviction: 18 months

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skitz

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ClosedEyeVisual

thats insanely unjust... didnt small posession get decriminalized?????

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  just floating around


            Grow; # II

skitzo63

there thinking about it... it'll proly happen soon.

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Kronic_Toker

Well, you'd have to get a real hard ass of a judge to get in that much trouble. Most of the time, you'll get off with a fine, and/or some community service and/or probation for possession or personal cultivation.

I also don't agree with some of the other laws (psilocybin) but can't elaborate on that here. They might as well go and make nutmeg illegal too....

~clink~ $0.02 hits the opinion jar

K T

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I'm going to a pretty place now, where the flowers grow. I'll be back in an hour or so

skitzo63

actually more and more judges are making decisions on there own. they are starting to realise how unfair and rediculous these laws are. i know a couple judges and they are the one who are actually doing the most in this change. they are actually finding was to bend the law and lower penelties.. or even gettin rid of the case altogether.

this of course is not the case for all, yet there are more and more jumping on board. every day they see case upon case of alcohol related offences... mainly drinking and driving and assualt charges.. and seem to see no major marijuana porblems as a regular occurance.. so they know there is something wrong with the system and and taking some minor steps to do what they can do to help our cause... i have spoken to many of them regarding this and there seems to be a common thread.. they see that alcohol is legal and cannot understand why the courts, tax payers and all that surround the system are spending millions and millions of dollars just to slap people with posession charges.

if your canadian and you have an outstanding order.. GO TO COURT you might see a change and you might even get off! help the judges make better decisions.. the more they spend the more frustrated the system seems to get.... i can see it first hand as i am studying criminal justice through sociology, and i aspire to work with corrections canada (jail)

even in jail alcohol seems to be a large problem that illicit drugs.. marijuana use is frequent in canadian jails and it seems to actually make things run a little smoother... not many reported fights or problems when it comes to weeed + jail!

yeah as toka mentioned... i guess i have to deposit in the opnion jar.. but since this was a little wordy i'll pay double

*inserts his 4 shinny canadian pennies* clink, clink, clink, clink

oh well i guess that what.. 2 cents american so i'm covered!

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skitz

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