Controlled Drugs and Substances Act (CDSA)
The Controlled Drugs and Substances Act is the principal federal statute governing illegal drugs in Canada. It sets out the offences of possession, trafficking, production, and import/export of controlled substances; the schedules listing the substances themselves; and the penalty structure for each class of offence. The CDSA replaced the earlier Narcotic Control Act in 1996 and has been amended many times since.
Mass Tsang's drug lawyers handle every level of CDSA matter, from simple possession to large-scale trafficking and import. For more, see our blog posts on drug possession, trafficking, and Charter challenges in drug cases.
The schedules
Substances regulated by the CDSA are listed in Schedules I through V. The schedule placement determines the available penalties. Schedule I includes the most serious drugs — heroin, cocaine, fentanyl, methamphetamine, and most opioids. Schedule II historically captured cannabis (now mostly regulated under the Cannabis Act). Schedule III includes LSD, psilocybin, and certain amphetamines. Schedule IV includes benzodiazepines and anabolic steroids. Schedule V is short and rarely cited. The schedules are amended by regulation as new substances emerge.
Key offences
The main CDSA offences are: simple possession under section 4 (maximum penalties depend on schedule and Crown election); trafficking under section 5(1) (penalties up to life imprisonment for Schedule I substances); possession for the purpose of trafficking under section 5(2); production under section 7; and import/export under section 6. Each can be aggravated by quantity, weapons, organized-crime involvement, or other factors.
Sentencing reform — Bill C-5 and Bill C-22
Bill C-5 (in force in November 2022) removed several mandatory minimum penalties from the CDSA, expanded the availability of conditional sentences for some drug offences, and required courts to consider alternatives to charges and convictions for simple possession. The reform reflected a shift in federal policy toward treating simple possession as a health issue, not a criminal one. Crown discretion to divert simple-possession matters is now widely used.
Charter and procedural issues
CDSA prosecutions are evidentiarily intensive. Search warrants, wiretaps, controlled buys, confidential informants, and digital evidence are routine. Charter challenges — particularly section 8 challenges to searches — are central to many drug defences. Disclosure review is detailed and time-consuming.
Related glossary terms
