Canadian Drugs and Substances Strategy: Substance controls
How substance controls in Canada fit into the strategy.
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About substance controls in Canada
There are various laws and regulations that control access to the substances included in the strategy, which:
- allow for legitimate uses of some substances
- put controls in place to protect public health and safety
For example, controlled substances like opioids have legitimate uses in medicine, but can also cause serious harm if used inappropriately. Substance use related harms occur when substances are used in a manner, situation, amount, or frequency that harms the person using the substance or those around them. The illegal production and sale of controlled substances is linked with serious harm to public health and public safety.
The Controlled Drugs and Substances Act and its regulations apply to controlled substances and precursor chemicals (chemicals used to make controlled substances). This federal law applies to the following activities with controlled substances:
- sale
- production
- possession
- distribution
Controlled substances are substances that:
- can alter mental processes
- may harm a person’s health or society when:
- used inappropriately
- diverted to an illegal market
The Cannabis Act creates a strict legal framework for controlling cannabis:
- sale
- production
- possession
- importation and exportation
The Tobacco and Vaping Products Act regulates how tobacco and vaping products are:
- sold
- labelled
- promoted
- manufactured
The Food and Drugs Act relates to food, drugs, medical devices and cosmetics.
Canada also has legal obligations under 3 international drug control conventions :
- Single Convention on Narcotic Drugs, 1961
- Convention on Psychotropic Substances, 1971
- United Nations Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988
Learn more:
- Cannabis Act
- Food and Drugs Act
- Tobacco and Vaping Products Act
- Controlled Drugs and Substances Act
- Crime-related treaties (United Nations Office on Drugs and Crime)
How substance controls fit into the strategy
The strategy supports substance controls through several activities. These include:
- providing law enforcement and public health officials with new tools to respond to overdose crisis
- addressing the role of organised crime in the illegal drug market
- diverting people away from the criminal justice system towards health and social services
- facilitating access to controlled substances for medical and scientific purposes
- advancing a coordinated global approach to substance related harms and the illegal drug supply
Providing law enforcement and public health officials with new tools to respond to the overdose crisis
Law enforcement and public health officials interact with people who use substances every day. As first responders, they have a crucial role to play in supporting a public health approach to substance use.
We’re supporting law enforcement by offering training to raise awareness of drug stigma. We’re also piloting an overdose monitoring platform that will support:
- public safety
- first responses to a sudden increase in overdose events
- a better understanding of local drug trafficking patterns to help inform decision-making
Addressing the role of organized crime in the illegal drug market
As part of the strategy, we’re working with law and border enforcement to address the role of organized crime in the production, diversion and trafficking of toxic illegal drugs. Some examples include:
- major domestic and international drug enforcement operations
- dismantling of illegal drug labs
- collecting, assessing and sharing criminal intelligence on the illegal drug supply among law enforcement partners
- using the Drug Analysis Service to identify drugs seized by law enforcement
- providing forensic accounting services during complex drug crime investigations
- working with the US to identify and disrupt shipments of illegal drugs destined for Canada
- preventing cross-border movement of illegal drugs and precursor chemicals through on-going enforcement efforts
Learn more:
Diverting people away from the criminal justice system towards health and social services
We support policies and approaches that divert people who use drugs away from the criminal justice system and towards health and social services.
For example, we granted British Columbia a 3-year exemption under the Controlled Drugs and Substances Act. Under this exemption, adults aged 18 and over won’t be criminally charged for possessing up to 2.5 grams of certain illegal drugs for personal use. The exemption will last between January 31, 2023, and January 31, 2026. We’re also considering future exemption requests from other jurisdictions related to personal possession.
Some other examples include:
- examining alternatives to criminal penalties for some drug crimes
- providing guidance to prosecutors to encourage them to consider alternatives for simple drug possession offences, except when there are serious public safety concerns
- the Good Samaritan Drug Overdose Act, which provides some legal protection for people who seek emergency help during an overdose
We introduced Bill C-5, which repealed mandatory minimum penalties for all drug offences in the Controlled Drugs and Substances Act. It also requires police and prosecutors to consider diverting people who commit simple drug possession offences toward health and social services.
Learn more:
- About the Good Samaritan Drug Overdose Act
- Bill C-5: An Act to amend the Criminal Code and the Controlled Drugs and Substances Act
- Subsection 56(1) class exemption to possess small amounts of certain illegal substances in the province of British Columbia – health care clinics, shelters and private residences
Facilitating access to controlled substances for scientific and medical purposes
We facilitate the use of controlled substances with appropriate controls in place:
- when it is in the public interest
- in scientific research and medical treatment
For example, certain health care practitioners or researchers can request access to controlled substances to treat patients with serious or life-threatening conditions as part of a clinical research study.
Exemptions from provisions of the Controlled Drugs and Substances Act
Advancing a coordinated global approach to substance use related harms and the illegal drug supply
We participate in international forums to coordinate and strengthen our approach to substance use related harms and the illegal drug supply with other countries. This global approach balances public health and public safety through information sharing and joint actions that focus on:
- improving access to quality treatment, recovery and support services
- addressing security challenges associated with the illegal manufacture, diversion and trafficking of controlled substances
Key international forums include: