Schedule I, II, III, IV (CDSA)
The Controlled Drugs and Substances Act regulates substances by placing them on one of five schedules. Schedule placement determines the available criminal penalties for possession, trafficking, possession for the purpose of trafficking, production, and import/export. The schedules are amended by regulation as new substances emerge, particularly synthetic opioids, designer drugs, and novel psychoactive substances.
Schedule I
Schedule I contains the most heavily regulated substances. The list includes: heroin and other opioids; cocaine and crack cocaine; fentanyl and fentanyl analogues (carfentanil, acetylfentanyl, and many others); methamphetamine; oxycodone, hydromorphone, and other prescription opioids when illegally diverted; PCP; ketamine; and several others. Maximum penalties on indictment for trafficking, PPT, and production are life imprisonment.
Schedule II
Schedule II historically housed cannabis and its derivatives. The Cannabis Act, in force since October 2018, removed cannabis from the CDSA and created a separate regulatory and offence regime. Schedule II now contains only synthetic cannabinoids and a small number of other substances. The transitional period continues to affect the prosecution of old cannabis-era files.
Schedule III
Schedule III contains psychotropic substances of moderate concern, including: LSD; psilocybin and psilocin (the active substances in "magic mushrooms"); MDMA (ecstasy/Molly); mescaline; amphetamines (other than methamphetamine); and other hallucinogens and stimulants. Maximum penalties for trafficking and PPT are 10 years on indictment, 18 months on summary conviction. Production penalties are similar.
Schedule IV
Schedule IV contains substances that are widely prescribed but subject to control: benzodiazepines (diazepam, alprazolam, clonazepam, and many others); barbiturates; anabolic steroids; and certain less-restricted prescription medications. Maximum penalties for trafficking and PPT are 3 years on indictment, 1 year on summary conviction. Simple possession of Schedule IV substances is generally not an offence unless they are not authorized by prescription.
Schedule V
Schedule V is short and contains substances that pose lower abuse risk. It is rarely cited in modern criminal prosecutions.
Why the schedules matter
Schedule placement is often the first thing to verify in a drug file. A trafficking case involving a substance on Schedule III carries dramatically lower exposure than the same case involving Schedule I. Confirmation of substance identity through laboratory analysis is essential; mistaken identification (a substance the Crown believes to be Schedule I is actually a different substance, or a non-controlled substance entirely) can be a substantial defence avenue. Mass Tsang's drug lawyers examine substance identification carefully in every CDSA file.
Related glossary terms
