The ''Narcotic Control Act'' (the ''Act''), passed in 1961, was one of

Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tota ...

's national drug control statutes prior to its repeal by the 1996 ''

Controlled Drugs and Substances Act The ''Controlled Drugs and Substances Act'' (french: Loi réglementant certaines drogues et autres substances) (the ''Act'') is Canada's federal drug control statute. Passed in 1996 under Prime Minister Jean Chrétien's government, it repeals ...

.'' It implemented the provisions of the

Single Convention on Narcotic Drugs The Single Convention on Narcotic Drugs, 1961 (Single Convention, 1961 Convention, or C61) is an Treaty, international treaty that controls activities (cultivation, production, supply, trade, transport) of specific narcotic drugs and lays down ...

. The " narcotics" included in the ''Act'' are drugs such as heroin,

cocaine Cocaine (from , from , ultimately from Quechua: ''kúka'') is a central nervous system (CNS) stimulant mainly used recreationally for its euphoric effects. It is primarily obtained from the leaves of two Coca species native to South Am ...

and

cannabis ''Cannabis'' () is a genus of flowering plants in the family Cannabaceae. The number of species within the genus is disputed. Three species may be recognized: '' Cannabis sativa'', '' C. indica'', and '' C. ruderalis''. Alternativel ...

. The ''Act'' prohibits activities such as possession of a "narcotic", possession for the purpose of trafficking, cultivating, importing or exporting. Section 3 of the ''Act'' prohibits the possession of the "narcotic". A person is authorized to have a narcotic in his or her possession if he or she requires the narcotic for his business or profession and is a licensed dealer, a pharmacist, or a practitioner who is registered and entitled to practice in the province in which he has such possession. The maximum penalty for possession of narcotics is 7 years' imprisonment. Section 4 of the ''Act'' prohibits the trafficking of a narcotic or the possession of a narcotic for the purpose of trafficking. Section 2 of the ''Act'' defines "traffic" as (a) to manufacture, sell, give, administer, transport, send, deliver or distribute, or (b) to offer to do anything referred to in part (a). The maximum penalty for the offense of trafficking is life imprisonment. Section 5 of the ''Act'' prohibits importing or exporting narcotics. This offence has a maximum penalty of life imprisonment. The minimum penalty of importing or exporting narcotics is 7 years' imprisonment. Section 6 of the ''Act'' prohibits the growing of opium or marijuana without a federal licence. The penalty for the offence is a maximum of 7 years in prison.

Revision of the Act

In February 1994, Bill C-7 proposed a revision of illegal drug legislation. The new drug legislating aimed to be more coherent and consistent with Canada's obligations under the

United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances The United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 is one of three major drug control treaties currently in force. It provides additional legal mechanisms for enforcing the 1961 Single Con ...

signed in 1988. Failing to succeed, the bill was reintroduced in the

House of Commons The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. ...

on March 6, 1996, as Bill C-8. The House of Commons referred Bill C-8 to the

Canadian Senate Standing Committee on Legal and Constitutional Affairs The Senate Standing Committee on Legal and Constitutional Affairs (LCJC) is a standing committee of the Senate of Canada. It has jurisdiction over legislation and matters relating to legal and constitutional matters generally, including: (1) feder ...

, which conducted a detailed study of it. The Senate Committee on Legal and Constitutional Affairs proposed 15 amendments as well as the striking of a joint parliamentary committee of the House of Commons and the Senate, which would review Canada's drug policy. Bill C-8 was passed and received Royal Assent on June 20, 1996, and is thus Canada's current illegal drug legislation, known as Canada's ''

''.

References

*Poland, Mark
Is Canada Going to Pot?: The Present State of the Law
* Canadian Foundation for Drug Policy

* Narcotic Control Regulation

* Report of the Senate Special Committee on Illegal Drug

Canadian federal legislation 1961 in Canadian law Repealed Canadian legislation Drug policy of Canada category:cannabis in Canada category:1961 in cannabis {{Canada-law-stub