5.13 Prosecution of Possession of Controlled Substances Contrary to s. 4(1) of the Controlled Drugs and Substances Act

Applicable Principles
PPSC prosecutors will be guided by the following principles:

Resort to a criminal prosecution of the possession of a controlled substance contrary to s. 4(1) CDSA should generally be reserved for the most serious manifestations of the offence (described in paragraph 3 below).

3. The following areas of concern will generally be considered to be the most serious manifestations of the harms justifying a criminal prosecution response:

A. Conduct that poses a risk to the safety or well-being of children or young persons, including simple possession:
committed in the vicinity of places frequented by children or young persons;
committed by a person who is in a position of trust or statutory authority in respect
of children or young persons;

B. Conduct that puts at risk the health or safety of others, including simple possession associated with impairment from substance use while preparing to drive, being responsible for supervision of a person driving, or driving a motor vehicle, operating machinery, possession of a weapon, or performing an activity posing a risk to public health or safety;

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