Backgrounder

Date: November 20, 2007

Release: Immediate

Proposed New Mandatory Sentences for Serious Drug Offences Schedule 1 drugs (cocaine, heroin, methamphetamine, etc.)

OFFENCE	MANDATORY PENALTY				NOTES
		w/Aggravating Factor List A 1	w/ Aggravating Factor List B 2	w/ Health and Safety Factors 3
Production	2 YEARS	n/a	n/a	3 YEARS
Trafficking		1 YEAR	2 YEARS	n/a
Possession for the Purpose of Trafficking		1 YEAR	2 YEARS	n/a
Importing Exporting	1 YEAR 2 YEARS (if more than 1 kg of Schedule 1 substances)	n/a	n/a	n/a	Offence is committed for the purpose of trafficking
Possession For the Purpose of Exporting	1 YEAR 2 YEARS (if more than 1 kg of Schedule 1 substances)	n/a	n/a	n/a	Offence is committed for the purpose of trafficking

 

PROPOSED NEW MANDATORY SENTENCES FOR SERIOUS DRUG OFFENCES SCHEDULE II DRUGS (CANNABIS AND MARIJUANA)

OFFENCE	MANDATORY PENALTY				NOTES
		w/ Aggravating Factors-List A 1	w/Aggravating Factor -List B 2	w/Health and Safety Factors 3
Trafficking		1 YEAR	2 YEARS	n/a	Offence would have to involve more than 3 kg of cannabis marijuana or cannabis resin
Possession for the Purpose of Trafficking		1 YEAR	2 YEARS	n/a	Offence would have to involve more than 3 kg of cannabis marijuana or cannabis resin
Importing Exporting	1 YEAR	n/a	n/a	n/a	Offence is committed for the purpose of trafficking
Possession for the Purpose of Exporting	1 YEAR	n/a	n/a	n/a	Offence is committed for the purpose of trafficking
Production - 1 – 200 plants	6 MONTHS	n/a	n/a	9 MONTHS	Offence is committed for the purpose of trafficking. Maximum penalty will be increased to 14 years imprisonment
Production - – 500 plants	1 YEAR	n/a	n/a	18 MONTHS	Maximum penalty will be increased to 14 years imprisonment
Production - more than 500 plants	2 YEARS	n/a	n/a	3 YEARS	Maximum penalty will be increased to 14 years imprisonment
Production - oil or resin	1 YEAR	n/a	n/a	18 MONTHS	Offence is committed for the purpose of trafficking

Aggravating Factors List A

The aggravating factors include offences committed:

• for the benefit of organized crime;
• involving use or threat of violence;
• involved use or threat of use of weapons;
• by someone who was previously convicted (in the past 10 years) of a serious drug offence involving a Schedule I or II substance.

² Aggravating Factors List B

The aggravating factors include offences committed:

• in a prison;
• in or near a school, in or near an area normally frequented by youth or in the presence of youth;
• in concert with a youth
• in relation to a youth (e.g. selling to a youth)

³ Health and Safety Factors

• the accused used real property that belongs to a third party to commit the offence;
• the production constituted a potential security, health or safety hazard to children who were in the location where the offence was committed or in the immediate area;
• the production constituted a potential public safety hazard in a residential area;
• the accused placed or set a trap.