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Chapter 6
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Controlled Drugs and Substances Act
Possession You can be charged if you possess a small quantity of a drug or are associated with people who posses it Crown must prove that person knew they had a controlled substance Schedule Comprised of examples I Most dangerous drugs Narcotics – cocaine, Heroin II Cannabis (marijuana) + Derivatives Cannabis III Drugs previously found under the drug and food act LSD IV Controlled but have therapeutic uses Ritalin
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Prescription shopping or double doctoring Trafficking
Trying to obtain a prescription from a number of doctors Trafficking To sell, administer, give, transfer, transport, send or deliver the substance. Simply giving someone drugs is considered trafficking, no profit is necessary Schedule I Indictable offence Life Schedule II More than 3kg - Indictable life Schedule III hybrid 18 months – 10 years Schedule IV 1 – 3 years
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Entrapment Random virtue testing It is illegal to:
Induce or lure someone into committing an offence Random virtue testing Investigating someone without having reasonable grounds to do so It is illegal to: import/export any illegal substance Produce any illegal substance Have possession of property (or cash) obtained through a crime
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Search and Seizure under the Controlled Drugs and Substances Act
Laundering To make illegal money legal Search and Seizure under the Controlled Drugs and Substances Act Police act without a warrant if the situation is urgent and it is impractical to obtain one Police can use as much force as necessary to enter the premises and stop the drugs from being destroyed
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Drinking and Driving Motor Vehicle
“a vehicle that is drawn, propelled, or driven by any means other than muscular power, but does not include railway equipment.” Dangerous operation of a motor vehicle Offence to operate a vehicle dangerously on a street, road, highway, or other public space (includes shopping mall parking lots, private roads regularly used by the public) Failure to stop at the scene of an accident If you are involved in an accident you stop at the scene; you are required to give your name and address to the other party, must offer assistance if needed
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Test for Impaired Driving
Driving a motor vehicle while impaired Driving with blood over legal limit (80mg in 100ml of blood in the Yukon) Having care or control over the vehicle while over the legal limit or impaired Test for Impaired Driving Road side screening test (breathalyzer) Blood samples Drivers may be asked to pass coordination or balance tests after being stopped, not able to be used for convicting for an offence
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Penalties (pg. 180) A may issue a discharge for offenders who would benefit from treatment Demerit points
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