QUICK TAKEAWAY
Amphetamines, more commonly known as speed or bennies, fall within Schedule I of the Controlled Drugs and Substances Act in Canada, which means that the judicial system can impose up to seven-year jail terms for simple possession. Amphetamines first came to Canada as ingredients in over-the-counter drugs to control a range of medical issues but were banned once their addictive qualities were realized. The illicit varieties of the drug sold on the street can cause regular users to suffer paranoia, delusions and hallucinations.
Table of Contents:
What are Amphetamines?
AmphetaminesSpeed, bennies, glass, crystal, crank, pep pills, uppers are stimulants that speed up the central nervous system. Made in a laboratory, they usually come as a white, greyish white, pale pink or yellow powder, or as a brightly coloured tablet.
Amphetamines can be snorted, swallowed, injected, dissolved in a drink or smoked. In the past, they were used to treat narcolepsy, attention-deficit hyperactivity disorder and depression, but they have very limited medical applications now. Some common brand names of amphetamines offered by prescription include Adderall, Dextrostat, Desoxyn and ProCentra.
Street Names for Amphetamine
Amphetamine is commonly known as speed, bennies or uppers, or by the street names of amph, billy, sulphate, grudge, dexys, blues, ups, wake-ups, black beauties, jollies, crazy medicine, yaba and crazy horse.
Effects of Amphetamines
Amphetamines are sometimes used by long-distance truckers, athletes and students at low doses to stay awake and to increase their focus. You may become talkative, restless, excited or hostile, and may behave in a bizarre, repetitive fashion. Amphetamines may cause an adrenaline rush, with breathing and heart rate increasing. Your appetite is suppressed and your body's temperature increases.
The effects of amphetamines are felt about 30 minutes after you ingest then but it is much quicker if injected. The high can last up to six hours followed by a long, slow comedown. Heavy users may suffer from paranoia, delusions, and hallucinations, as well as the risk of being infected with hepatitis and HIV through contaminated needles.
According to information (Methamphetamine [PDF]) from the Canadian Centre on Substance Abuse and Addiction, amphetamine or methamphetamine (a slight chemical modification) was detected in 33 per cent of illicit drug overdose deaths between 2016 and 2019 in British Columbia. This proportion has increased substantially from an eight per cent rate in 2008.
Legal Status of Amphetamines
Amphetamines along with 21 different varieties of salts, derivatives, isomers and analogues are classified as Schedule ICommonly characterized as “hard drugs" drugs in Canada under the Controlled Drugs and Substances Act (CDSA). The judicial system imposes harsh sentences for these drugs, with their use only allowed for medical or research purposes. They first appeared in Canada in the 1930s as a remedy for nasal congestion, marketed as an inhaler named Benzedrine. Various forms of amphetamines were available until the 1970s, when their risk of abuse and addiction lead to them being labelled illegal substances unless prescribed by a doctor. Along with possessionTo have some control and knowledge of a drug charges, having any detectable amount of amphetamine in your system within two hours of driving is also prohibited
What is Needed to Convict
To find you guilty of possessing amphetamines, the Crown must establish beyond a reasonable doubtThe standard that must be exceeded to find someone guilty that you were in possession of the drug. “Possession” is not just limited to the idea that the drug was found on your person or in your car or house. Instead, it means that you had some degree of control and knowledge of the drug.
As a result, you can be found guilty of possession even if the amphetamine was found at someone else's house or in a friend’s locker.
Other basics the Crown must prove is that the substance in question is a drug listed in the CDSA and that you had knowledge about its illegal nature.
Penalties for Amphetamine Offences in Canada
Possession of Substance
Possession of any amphetamine is illegal under s.4 (1) of the CDSA. If the charge is treated as a summary convictionUsed for lesser offences, a first offence can result in a fine of up to $1,000, a jail term up to six months or both. For any subsequent offence, the maximum fine is $2,000, the maximum jail term is a year, or both. If the charge is treated as an indictable offenceIndictable offences are more-serious criminal offences, the maximum prison term is seven years.
Obtaining substance
Seeking or obtaining amphetamines from a health professional is illegal under s.4 (2) of the CDSA. If your charge is treated as a summary conviction, a first offence can result in a fine of up to $1,000, a jail term up to six months or both. For any subsequent offence, the maximum fine is $2,000, the maximum jail term is a year or you could be given both. If the charge is treated as an indictable offence the maximum prison term is seven years.
Trafficking in Substance
Section 5 of the CDSA makes it illegal to possess amphetamines with the intention of trafficking them. All charges are treated as indictable offences with a maximum penalty of life imprisonment.
Possession for the Purpose of Exporting
Section 6 (1) makes it illegal to possess amphetamines with the intention of exporting them. If you are found will less than one kilogram, the charge will be treated as an indictable offence with the maximum penalty of life imprisonment. There will be a minimum punishment of imprisonment for one year if you abused a position of trust or authority or had had access to a restricted area and used that access to commit the offence.
If you are found with more than one kilogram of amphetamines, that will be treated as an indictable offence with the maximum penalty of imprisonment for life. There will be a minimum punishment of imprisonment for two years for the same circumstances listed above.
November 17, 2022
Update: Bill C-5: Mandatory Minimum Penalties Repealed.
OttawaLawyersNear Me
Greenspon Granger Hill
Jason Gilbert B.A., Ll.B
Shukairy Law
Chiarelli Cramer Witteveen Llp
Goldblatt Partners LLP
May Irwin & Associates
Glossary of Legal Terms
Amphetamines
Amphetamines are stimulant drugs that speed up the central nervous system. Common street names for them are speed, bennies, glass, crystal, crank, pep pills and uppers.
Indictable offence
Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments, up to a maximum penalty of life in prison.
Possession
Possessing a drug on your physical self, or knowingly in the custody of another person, or the place for the use or benefit of yourself or another person.
Reasonable doubt
The Supreme Court of Canada has said that reasonable doubt “falls much closer to absolute certainty than to proof on a balance of probabilities” and “that something less than absolute certainty is required, and that something more than probable guilt is required."
Schedule I
Schedule I drugs are commonly characterized as “hard drugs.” They include street drugs such as heroin, cocaine, and opium and numerous pharmaceutical-grade drugs such as oxycodone and morphine. Schedule I drugs show a high risk of dependency. See Schedule I of the Controlled Drugs and Substances Act.
Summary conviction
Summary convictions are used for lesser offences with penalties, fines and short jail time. They reflect the majority of offences as defined in the Code.
