QUICK TAKEAWAY
Crystal Meth: The quick rush and extended high offered by crystal meth have made it the third most popular illegal drug in Canada. Police and courts treat it very seriously, with prison sentences up to seven years for possession and much longer if you possess with the intention of trafficking or exporting the drug.
Table of Contents:
What is Crystal Meth?
Unlike plant-based drugs such as cocaine and marijuana, Methamphetamine is a powerful stimulant made from chemicals and is available as a powder or crystal. First synthesized by an Italian chemist in 1887, it was used decades later for the treatment of asthma. Since 1937 it has been recommended in the treatment of narcolepsy and depression. In 2005, Methamphetamine was added to the list of prohibited substances in the Controlled Drugs and Other Substances Act in response to growing concerns about its negative consequences.
The crystal version is sought out for its long-lasting, intense physiological effects. If you smoke or inject crystal meth, you may feel an immediate euphoria or rush, followed by a high that could last 12 hours or more. Afterward, withdrawal symptoms include drug cravings, paranoia, and depression.
Street Names for Crystal Meth
Crystal meth resembles glass fragments or shiny blue-white "rocks" of various sizes. You may know it by names such as meth, crystal, wash, ice, speed, tina, trash, gak, pookie, no doze, white cross, rocket fuel, crank, scooby snax, glass, chalk, rock, peach, pink, tweak, candy, peanut, jib, pill or blade.
Legal Status of Crystal Meth in Canada
The use, production and possession of crystal meth are illegal in Canada. The drug as well as the precursors used to produce it are included in Schedules I to VIII of the Controlled Drugs and Substances Act (CDSA).
Crystal meth is classified as a Schedule ICommonly characterized as “hard drugs" narcotic under the CDSA which means it is one of the drugs police and courts take most seriously. Driving while impaired by crystal meth is also a criminal offence. The drug can show up in blood or urine samples.
In 2017, 379 kilograms of meth were seized in Canada, an increase of about 186 per cent from 2015. From 2016 to 2018, Methamphetamine was the third most commonly identified substance seized by Canadian law enforcement agencies, after cannabis and cocaine. In Alberta, Methamphetamine valued at just under $4-million accounted for approximately 40 per cent of drugs seized across the province in 2017–2018.
What is Needed to Convict
To find you guilty of possessing crystal meth, the Crown must establish you were in possession of the drug. Keep in mind that “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 crystal meth was found at someone’s else house or in a friend’s gym bag.
Other basics the Crown has to 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 Crystal Meth Possession
In 2004 all forms of Methamphetamine were moved to Schedule I of the CDSA, allowing courts to treat offenders on par with those found guilty of offences involving cocaine and heroin. Sentences will vary depending on how much you possessed and if there were any aggravating factors involved.
The Crown has the discretion to treat your crystal meth charge as a summary convictionUsed for lesser offences or indictable offenceIndictable offences are more-serious criminal offences. If it is your first offence and you are found guilty on summary conviction, you face a maximum fine of $1,000, imprisonment up to six months or both. For a subsequent offence, the maximum fine increases to $2,000 while the maximum imprisonment cannot exceed one year, or both.
If the Crown treats your possession charge as an indictable offence, the maximum prison term increases to seven years.
If you possessed crystal meth for the purpose of trafficking or exporting, the possible penalties include life imprisonment.
November 17, 2022
Update: Bill C-5: Mandatory Minimum Penalties Repealed.
SaskatoonLawyersNear Me
Burlingham Cuelenaere Law Office
Macdermid Lamarsh
Patrick McDougall / Barrister
Brian Pfefferle, Saskatoon Criminal Lawyer
Scott & Beaven Law Office
Brayford Shapiro
Glossary of Legal Terms
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.
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.
