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Producing or manufacturing illegal substances

Region: Ontario Answer # 1884

Drug production refers to the process of creating or manufacturing controlled substances through chemical synthesis, extraction, or cultivation. This can include:

  • the production of synthetic drugs, such as methamphetamine and fentanyl,
  • the extraction of drugs from natural sources, such as morphine from opium poppies, or
  • the cultivation of plants used to produce drugs, such as cannabis.

Controlled Drugs and Substances Act

Production of an illegal substance is a serious offence under the Controlled Drugs and Substances Act (CDSA) – the primary legislation that sets out the rules and regulations for the possession, production, sale, importation, and exportation of controlled substances. The CDSA classifies drugs into various Schedules (categories), with stricter penalties applying to offences involving Schedules I and II. If you have been charged with a drug related crime such as producing or manufacturing an illegal substance, it is important to hire an experienced criminal defence lawyer as soon as possible.

What are the penalties for drug production and manufacturing?

Penalties for drug production and manufacturing in Canada vary depending on the schedule of the controlled substance involved in the offence. Specifically, section 7 (1) of the CDSA refers to Production of substance involving substances listed in Schedules I to V of the total six Schedules that appear the CDSA:

  • Schedule I: Includes opioids, such as heroin and morphine, as well as cocaine and methamphetamine.
  • Schedule II: Includes synthetic cannabinoid receptor type 1 agonists, their salts, derivatives, isomers, and salts of derivatives and isomers. Until 2018 this category included drugs falling within the cannabis family but are now dealt with under the Cannabis Act.
  • Schedule III: Includes hallucinogens, such as LSD, psilocybin, and mescaline.
  • Schedule IV: Contains barbiturates and anabolic steroids.
  • Schedule V: Lists analogues and derivatives of N-Phenyl-4-piperidinamine and its salts.
  • Schedule VI: Includes substances primarily used as solvents, such as toluene and acetone.
  • Schedule VI: Includes substances primarily used as solvents, such as toluene and acetone.

Penalties:

  • if the subject matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life

 

  • if the subject matter of the offence is a substance included in Schedule III or V,
    • (i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or
    • (ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months;

 

  • where the subject-matter of the offence is a substance included in Schedule IV,
      • (i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years, or
      • (ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.

What health and safety risks arise from production and manufacturing drugs?

The production and manufacturing of illegal substances pose significant health and safety risks to both individuals involved in these activities and the surrounding communities. Some of the key health and safety risks associated with drug production include:

Environmental contamination: The production of illegal drugs often involves the use of hazardous chemicals, which can contaminate soil, water, and air if not handled and disposed of properly. This can lead to long-term environmental damage and pose risks to public health.

Exposure to toxic chemicals: Individuals involved in drug production may be exposed to toxic chemicals, putting them at risk for serious health problems, including respiratory issues, skin irritations, and long-term damage to vital organs.

Fire and explosion hazards: Many drug production processes, particularly those involving synthetic drugs like methamphetamine, involve the use of volatile chemicals and flammable solvents. This creates a high risk of fires and explosions, which can result in severe injuries or fatalities and cause significant property damage.

Chemical waste disposal: The illegal disposal of chemical waste from drug production sites can have severe environmental and public health consequences. This waste can contaminate water sources, harm wildlife, and pose a risk to human health through direct contact or consumption of contaminated food and water.

Neighborhood safety: Drug production facilities, particularly those located in residential areas, can put the safety of the surrounding community at risk. The presence of hazardous chemicals, the risk of fires or explosions, and the potential for criminal activity associated with drug production can endanger the well-being of nearby residents.

Impure substances: The lack of quality control and regulation in illegal drug production can result in the distribution of impure or adulterated substances, which can have unpredictable and potentially life-threatening effects on users.

Funding criminal activity: Profits from the production and sale of illegal substances often fund other criminal activities, such as human trafficking, arms trafficking, and organized crime. This creates a cycle of criminal activity that can have widespread negative effects on society.

Get help

For more information on the CDSA and other drug offences, view other Answers in Criminal Law.

If you have a criminal record and want to erase it, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.

If you have been charged with a crime, it is important to hire an experienced criminal defence lawyer as soon as possible. Contact our preferred criminal defence expert, Calvin Barry Criminal Lawyers for a free consultation at 1-866-961-4963 .


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