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A drug is defined as “any substance that by its chemical nature alters structure or function in a living organism.”
Controlled substances are itemized on four basic lists, known as schedules:
• Schedule I — the most dangerous drugs, including narcotics such as heroin and cocaine
• Schedule II — cannabis (marijuana) and its derivatives
• Schedule III — many of the more dangerous drugs previously found in the Food and Drugs Act, such as lysergic acid diethylamide (LSD) and Ecstasy
• Schedule IV— drugs that must be controlled but that have therapeutic use, such as barbiturates
For example, if five people are sharing a marijuana joint, they could all be convicted of possession. The owner of the house can be charged also since allowing its use in his or her home implies consent.
Canadians are allowed to possess drugs found in Schedule IV for
therapeutic use.
Mens rea is a necessary element of the offence
1. Describe two situations in which someone may be charged with
possession while not physically possessing the drug.
2. Is intent necessary for possession? Explain.
This includes police surveillance, visual or physical signs of drug
consumption, or a reliable informant.
1. Examine the wording of what constitutes the offence of trafficking. Is possession an included element of the offence?
2. What are the elements that are necessary in order to be found guilty of aiding and abetting an offence (see also Chapter 4)?
1. What two points must the Crown prove to obtain a conviction for trafficking?
2. Who has the onus in a trial to prove that an accused person possessed a controlled drug for the purpose of trafficking? What evidence can prove this?