Any text in this node which is in
italics is
commentary by myself, and not
necessarily part of the
Criminal Code. It is quite short, which is probably a good thing, because it"s also one of the most
oft ignored sections of the Criminal Code.
Previous
Index
Definitions
462.1 In this Part,
"
consume" «consommer»
Wouldn"t smoke fall under the category of inhale? Oh well, either way, this is a fun section.
"consume" includes
inhale,
inject into the human body,
masticate and
smoke;
"
illicit drug" « drogue illicite »
Pot, shrooms, LSD, Heroin, Cocaine, Hash, Ok I"m not going to list them all.
"illicit drug" means a
controlled substance or
precursor the import, export, production, sale or possession of which is prohibited or restricted pursuant to the
Controlled Drugs and Substances Act;
"illicit
drug use" « utilisation de drogues illicites »
Smoking, eating, shooting up, etc etc the various stuff listed above.
"illicit drug use" means the importation, exportation, production, sale or
possession of a controlled substance or precursor contrary to the Controlled Drugs and Substances Act or a regulation made under that Act;
"
instrument for illicit drug use" «instrument pour l'utilisation de drogues illicites»
Bongs, needles, Potato Chips…
"instrument for illicit drug use" means anything designed primarily or intended under the circumstances for consuming or to facilitate the consumption of an illicit drug, but does not include a "device" as that term is defined in section 2 of the
Food and Drugs Act;
"
literature for illicit drug use" «documentation pour l'utilisation de drogues illicites»
Like perhaps half the movies coming out of Hollywood? Not to mention, oh, a quarter of the nodes on E2.
"literature for illicit drug use" means any
printed matter or
video describing or depicting, and designed primarily or intended under the
circumstances to
promote,
encourage or
advocate, the production, preparation or consumption of illicit drugs;
"
sell" «vendre»
"sell" includes offer for sale,
expose for sale, have in possession for sale and
distribute, whether or not the distribution is made for consideration.
R.S., 1985, c. 50 (4th Supp.), s. 1; 1996, c. 19, s. 67.
Offence and Punishment
Offence
462.2 Every one who knowingly imports into
Canada, exports from Canada, manufactures,
promotes or sells instruments or literature for illicit drug use is guilty of an offence and liable on summary conviction
(a) for a first offence, to a
fine not exceeding one hundred thousand dollars or to
imprisonment for a term not exceeding six months or to both; or
(b) for a second or subsequent offence, to a fine not exceeding three hundred thousand dollars or to imprisonment for a term not exceeding one year or to both.
R.S., 1985, c. 50 (4th Supp.), s. 1.
Next
Part XII.2
Proceeds of Crime