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Cbee (Cbee)
Posted on Friday, September 28, 2001 - 09:57 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

well i read the below post about curiousity in canadian laws... I went looking and this is what i found... If you just want to find what the punishment of growing are search this doc for production... The bottom is about growing... uhh the website i got all this crap from is http://laws.justice.gc.ca/en/C-38.8/ if ya want to read it in its entirety... Just wanted to get this info out as i know it is an unknowledgable subject for most canadians... you also have to take into consideration how well do they inforce this, obviously if you have 3 pounds worth growing then they will take it worse then a few personal cakes... If you guys want to link to that above site from the main mycotopia page thatd be cool or just the info i have given is the most important stuff...

PART I
OFFENCES AND PUNISHMENT



Particular Offences


Possession of substance


4. (1) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III.


Obtaining substance


(2) No person shall seek or obtain

(a) a substance included in Schedule I, II, III or IV, or

(b) an authorization to obtain a substance included in Schedule I, II, III or IV


SCHEDULE III

(Sections 2 to 7, 29, 55 and 60)

11. Psilocin (3--[2--(dimethylamino)ethyl]--4--hydroxyindole) and any salt thereof

12. Psilocybin (3--[2--(dimethylamino)ethyl]--4--phosphoryloxyindole) and any salt thereof

Punishment

(6) Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule III

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years; or

(b) is guilty of an offence punishable on summary conviction and liable

(i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and

(ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

(7) Every person who contravenes subsection (2)

(a) is guilty of an indictable offence and liable


(iii) to imprisonment for a term not exceeding three years, where the subjectmatter of the offence is a substance included in Schedule III

(b) is guilty of an offence punishable on summary conviction and liable

(i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and

(ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

Trafficking in substance


5. (1) No person shall traffic in a substance included in Schedule I, II, III or IV or in any substance represented or held out by that person to be such a substance.

Possession for purpose of trafficking


(2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III or IV.

Punishment


(3) Every person who contravenes subsection (1) or (2)
(b) where the subject-matter of the offence is a substance included in Schedule III,

(i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or

(ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months; and

Interpretation


(5) For the purposes of applying subsection (3) or (4) in respect of an offence under subsection (1), a reference to a substance included in Schedule I, II, III or IV includes a reference to any substance represented or held out to be a substance included in that Schedule.

Importing and exporting


6. (1) Except as authorized under the regulations, no person shall import into Canada or export from Canada a substance included in Schedule I, II, III, IV, V or VI.


Possession for the purpose of exporting


(2) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II, III, IV, V or VI for the purpose of exporting it from Canada.


Punishment


(3) Every person who contravenes subsection (1) or (2)

(b) where the subject-matter of the offence is a substance included in Schedule III or VI,

(i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or

(ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months; and

THIS IS WHAT WE ARE INTERESTED IN!!!!

Production of substance


7. (1) Except as authorized under the regulations, no person shall produce a substance included in Schedule I, II, III or IV.


Punishment


(2) Every person who contravenes subsection (1)

(c) where the subject-matter of the offence is a substance included in Schedule III,

(i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or

(ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months; and

Destruction of plant


29. The Minister may, on prior notification being given to the Attorney General, cause to be destroyed any plant from which a substance included in Schedule I, II, III or IV may be extracted that is being produced otherwise than under the authority of and in accordance with a licence issued under the regulations.

Regulations


55. (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including the regulation of the medical, scientific and industrial applications and distribution of controlled substances and precursors and the enforcement of this Act and, without restricting the generality of the foregoing, may make regulations

(a) governing, controlling, limiting, authorizing the importation into Canada, exportation from Canada, production, packaging, sending, transportation, delivery, sale, provision, administration, possession or obtaining of or other dealing in any controlled substances or precursor or any class thereof;

(b) respecting the circumstances in which, the conditions subject to which and the persons or classes of persons by whom any controlled substances or precursor or any class thereof may be imported into Canada, exported from Canada, produced, packaged, sent, transported, delivered, sold, provided, administered, possessed, obtained or otherwise dealt in, as well as the means by which and the persons or classes of persons by whom such activities may be authorized;

(c) respecting the issuance, suspension, cancellation, duration and terms and conditions of any class of licence for the importation into Canada, exportation from Canada, production, packaging, sale, provision or administration of any substance included in Schedule I, II, III, IV, V or VI or any class thereof;

(d) respecting the issuance, suspension, cancellation, duration and terms and conditions of any permit for the importation into Canada, exportation from Canada or production of a specified quantity of a substance included in Schedule I, II, III, IV, V or VI or any class thereof;

(e) prescribing the fees payable on application for any of the licences or permits provided for in paragraphs (c) and (d);

(f) respecting the method of production, preservation, testing, packaging or storage of any controlled substance or precursor or any class thereof;

(g) respecting the premises, processes or conditions for the production or sale of any controlled substance or any class thereof, and deeming such premises, processes or conditions to be or not to be suitable for the purposes of the regulations;

(h) respecting the qualifications of persons who are engaged in the production, preservation, testing, packaging, storage, selling, providing or otherwise dealing in any controlled substance or precursor or any class thereof and who do so under the supervision of a person licensed under the regulations to do any such thing;

(i) prescribing standards of composition, strength, concentration, potency, purity or quality or any other property of any controlled substance or precursor;

(j) respecting the labelling, packaging, size, dimensions, fill and other specifications of packages used for the importation into Canada, exportation from Canada, sending, transportation, delivery, sale or provision of or other dealing in any substance included in Schedule I, II, III, IV, V or VI or any class thereof;

(k) respecting the distribution of samples of any substance included in Schedule I, II, III, IV, V or VI or any class thereof;

(l) controlling and limiting the advertising for sale of any controlled substance or precursor or any class thereof;

(m) respecting the records, books, electronic data or other documents in respect of controlled substances and precursors that are required to be kept and provided by any person or class of persons who imports into Canada, exports from Canada, produces, packages, sends, transports, delivers, sells, provides, administers, possesses, obtains or otherwise deals in any controlled substance or precursor or any class thereof;

(n) respecting the qualifications for inspectors and their powers and duties in relation to the enforcement of, and compliance with, the regulations;

(o) respecting the qualifications for analysts and their powers and duties;

(p) respecting the detention and disposal of or otherwise dealing with any controlled substance;

(q) respecting the disposal of or otherwise dealing with any precursor;

(r) respecting the taking of samples of substances under paragraph 31(1)(h);

(s) respecting the communication of any information obtained under this Act or the regulations from or relating to any person or class of persons who is or may be authorized to import into Canada, export from Canada, produce, package, send, transport, deliver, sell, provide, administer, possess, obtain or otherwise deal in any controlled substance or precursor or any class thereof

(i) to any provincial professional licensing authority, or

(ii) to any person or class of persons where, in the opinion of the Governor in Council, it is necessary to communicate that information for the proper administration or enforcement of this Act or the regulations;

(t) respecting the making, serving, filing and manner of proving service of any notice, order, report or other document required or authorized under this Act or the regulations;

(u) prescribing the circumstances in which an order made under subsection 41(3) may be revoked by the Minister pursuant to subsection 42(4);

(v) prescribing forms for the purposes of this Act or the regulations;

(w) establishing classes or groups of controlled substances or precursors;

(x) conferring powers or imposing duties and functions on adjudicators in relation to hearings conducted and determinations made by them under Part V;

(y) governing the practice and procedure of hearings conducted and determinations made by adjudicators under Part V;

(z) exempting, on such terms and conditions as may be specified in the regulations, any person or class of persons or any controlled substance or precursor or any class thereof from the application of this Act or the regulations; and

(z.1) prescribing anything that, by this Act, is to be or may be prescribed.


Schedules


60. The Governor in Council may, by order, amend any of Schedules I to VIII by adding to them or deleting from them any item or portion of an item, where the Governor in Council deems the amendment to be necessary in the public interest.