Section 4 — Controlled Drugs and Substances Act: Possession of substance

Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III. No person shall seek or obtain a substance included in Schedule I, II, III or IV, or an authorization to obtain a substance included in Schedule I, II, III or IV from a practitioner, unless the person discloses to the practitioner particulars relating to the acquisition by the person of every substance in those Schedules, and of every authorization to obtain such substances, from any other practitioner within the preceding thirty days. Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule I is guilty of an indictable offence and liable to imprisonment for a term not exceeding seven years; or is guilty of an offence punishable on summary conviction and liable for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both. Subject to subsection (5), every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule II is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years less a day; or is guilty of an offence punishable on summary conviction and liable for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both. [Repealed, 2018, c. 16, s. 195] Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule III is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years; or is guilty of an offence punishable on summary conviction and liable for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both. Every person who contravenes subsection (2) is guilty of an indictable offence and liable to imprisonment for a term not exceeding seven years, where the subject-matter of the offence is a substance included in Schedule I, to imprisonment for a term not exceeding five years less a day, where the subject-matter of the offence is a substance included in Schedule II, to imprisonment for a term not exceeding three years, where the subject-matter of the offence is a substance included in Schedule III, or to imprisonment for a term not exceeding eighteen months, where the subject-matter of the offence is a substance included in Schedule IV; or is guilty of an offence punishable on summary conviction and liable for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both. [Repealed, 2018, c. 16, s. 195]