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Backgrounder: Proposed New Mandatory Sentences for Serious Drug Offences

**Schedule 1 drugs (cocaine, heroin, methamphetamine, etc.)**
Offence	Manatory Penalty				Notes
Offence		w/ Aggravating Factor List A¹	w/ Aggravating Factor List B²	w/ Health and Safety Factors³	Notes
Production	2 YEARS	n/a	n/a	3 YEARS
Trafficking		1 YEAR	2 YEARS	n/a
Possession for the Purpose of Trafficking		1 YEAR	2 YEARS	n/a
Importing Exporting	1 YEAR	n/a	n/a	n/a	Offence is committed for the purpose of trafficking
Importing Exporting	2 YEARS (if more than 1 kg of Schedule 1 substances)	n/a	n/a	n/a	Offence is committed for the purpose of trafficking
Possession For the Purpose of Exporting	1 YEAR	n/a	n/a	n/a	Offence is committed for the purpose of trafficking
Possession For the Purpose of Exporting	2 YEARS (if more than 1 kg of Schedule 1 substances)	n/a	n/a	n/a	Offence is committed for the purpose of trafficking

**Schedule II drugs (cannabis and marijuana)**
Offence	Mandatory Penalty				Notes
Offence		w/ Aggravating Factors- List A¹	w/ Aggravating Factor - List B²	w/ Health and Safety Factors³	Notes
Trafficking		1 YEAR	2 YEARS	n/a	Offence would have to involve more than 3 kg of cannabis marijuana or cannabis resin
Possession for the Purpose of Trafficking		1 YEAR	2 YEARS	n/a	Offence would have to involve more than 3 kg of cannabis marijuana or cannabis resin
Importing Exporting	1 YEAR	n/a	n/a	n/a	Offence is committed for the purpose of trafficking
Possession for the Purpose of Exporting	1 YEAR	n/a	n/a	n/a	Offence is committed for the purpose of trafficking
Production - 1 - 200 plants	6 MOS	n/a	n/a	9 MOS	Offence is committed for the purpose of trafficking. Maximum penalty will be increased to 14 years imprisonment
Production - 201 - 500 plants	1 YEAR	n/a	n/a	18 MOS	Maximum penalty will be increased to 14 years imprisonment
Production - more than 500 plants	2 YEARS	n/a	n/a	3 YEARS	Maximum penalty will be increased to 14 years imprisonment
Production - oil or resin	1 YEAR	n/a	n/a	18 MOS	Offence is committed for the purpose of trafficking

Aggravating Factors List A

¹ The aggravating factors include offences committed:

for the benefit of organized crime;
involving use or threat of violence;
involved use or threat of use of weapons;
by someone who was previously convicted (in the past 10 years) of a serious drug offence.

² Aggravating Factors List B

The aggravating factors include offences committed:

in a prison;
in or near a school, in or near an area normally frequented by youth or in the presence of youth;
in concert with a youth
in relation to a youth (e.g. selling to a youth)

³ Health and Safety Factors

the accused used real property that belongs to a third party to commit the offence;
the production constituted a potential security, health or safety hazard to children who were in the location where the offence was committed or in the immediate area;
the production constituted a potential public safety hazard in a residential area;
the accused placed or set a trap.