CDSA Module 7

Question 1

Controlled Drugs and Substances Act History

Answer 1

Came into force on May 14, 1997,
Replacing two other federal statutes, the Narcotic Control Act (NCA) & Parts of the Food and Drugs Act (FDA)

Question 2

KEY TERMS Narcotic and Drug

Answer 2

“narcotic” – a narcotic is defined as a potent, addicting central nervous system depressant with strong analgesic or painkilling properties.

drug” – According to Alberta Health Services educational material, a “drug” is defined as any substance, other than food, which is taken to change the way the body and/or
mind function.

Question 3

“Consideration” under CDSA

Answer 3

1. What does this term “consideration” mean to you?
2. In order to “traffic” a controlled substance, does an exchange of money need to occur?
3. If you handled a controlled substance, did not consume or use any of it, but simply
   passed it along to another person in your group of friends, did you “traffic” in the
   controlled substance?
4. If you have “provided” marihuana to someone whom you genuinely believe needs it for
   medical reasons, have you now “trafficked” in a controlled substance?

Question 4

CDSA “POSSESSION OF A CONTROLLED
SUBSTANCE

Answer 4

SECTION 4(1)

Question 5

DOUBLE DOCTORING

Answer 5

The practice of “double doctoring”—obtaining multiple prescriptions within 30 days and not
disclosing this to another doctor—is covered by the CDSA.

Question 6

“Authorization to Obtain”

Answer 6

This term is not defined in CDSA but is used in a few offences. It can be defined as a prescription for a controlled substance.

Question 7

EXEMPTIONS –

Answer 7

section 4.1 of the Controlled Drugs and Substances Act

Question 8

Overdose Exception Section

Answer 8

Good Samaritan Drug Overdose Act (2017)

Question 9

TRAFFICKING IN A CONTROLLED
SUBSTANCE

Answer 9

SECTION 5(1) CDSA

Question 10

CDSA “POSSESSION FOR THE PURPOSE OF
TRAFFICKING”

Answer 10

section 5(2) of the Controlled Drugs and Substances Act

Question 11

DIFFERENCES BETWEEN TRAFFICKING AND POSSESSION
FOR THE PURPOSE

Answer 11

For section 5(1) CDSA, there must be evidence that a transaction has occurred
* The actus reus is the exchange of a substance
Section 5(2) does not require evidence of a transaction
* The actus reus is the possession
* The mens rea is the intent to distribute

Question 12

EVIDENCE OF “POSSESSION FOR THE PURPOSE

Answer 12

Prosecutions for “PPT” generally require the testimony of an expert witness to verify the
evidence you have located is indicative of drug trafficking:
* Large quantities that would exceed personal use amounts
* Multiple substances
* Individual packaging
* Scales
* Cell phones
* Cash
* “Score card”
* Weapons