Drug Offences CDSA ss. 4-7 Hybrid / Indictable

Amphetamine

Amphetamines, more commonly known as speed or bennies, fall within Schedule I of the CDSA. You can serve up to a seven-year jail term for simple possession.

Last reviewed: July 2026 Section: CDSA ss. 4-7 Classification: Hybrid / Indictable
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Amphetamine: Possession, Trafficking and the Penalties

Amphetamine offences mean having, selling, or exporting this drug under the Controlled Drugs and Substances Act. The Crown must show you had control of the drug and knew what it was. Simple possession can bring up to 7 years in prison. Trafficking or exporting can carry a life sentence, with no minimum sentence for any of these offences.

Amphetamines, more commonly known as speed or bennies, fall within Schedule I of the Controlled Drugs and Substances ActCanada's federal drug control statute in Canada, which means that the judicial system can impose up to seven-year jail terms for simple possession. Amphetamines first came to Canada as ingredients in over-the-counter drugs to control a range of medical issues but were banned once their addictive qualities were realized. The illicit varieties of the drug sold on the street can cause regular users to suffer paranoia, delusions and hallucinations.

What are Amphetamines?

AmphetaminesSpeed, bennies, glass, crystal, crank, pep pills, uppers are stimulants that speed up the central nervous system.  Made in a laboratory, they usually come as a white, greyish white, pale pink or yellow powder, or as a brightly coloured tablet.

Amphetamines can be snorted, swallowed, injected, dissolved in a drink or smoked. In the past, they were used to treat narcolepsy, attention-deficit hyperactivity disorder and depression, but they have very limited medical applications now. Some common brand names of amphetamines offered by prescription include Adderall, Dextrostat, Desoxyn and ProCentra.

Street Names for Amphetamine

Amphetamine is commonly known as speed, bennies or uppers, or by the street names of amph, billy, sulphate, grudge, dexys, blues, ups, wake-ups, black beauties, jollies, crazy medicine, yaba and crazy horse.

Effects of Amphetamines

Amphetamines are sometimes used by long-distance truckers, athletes and students at low doses to stay awake and to increase their focus. You may become talkative, restless, excited or hostile, and may behave in a bizarre, repetitive fashion. Amphetamines may cause an adrenaline rush, with breathing and heart rate increasing. Your appetite is suppressed and your body's temperature increases.

The effects of amphetamines are felt about 30 minutes after you ingest them but it is much quicker if injected. The high can last up to six hours followed by a long, slow comedown. Heavy users may suffer from paranoia, delusions, and hallucinations, as well as the risk of being infected with hepatitis and HIV through contaminated needles.

According to information (Methamphetamine [PDF]) from the Canadian Centre on Substance Abuse and Addiction, amphetamine or methamphetamine (a slight chemical modification) was detected in 33 per cent of illicit drug overdose deaths between 2016 and 2019 in British Columbia. This proportion has increased substantially from an eight per cent rate in 2008.

Legal Status of Amphetamines

Amphetamines along with 21 different varieties of salts, derivatives, isomers and analogues are classified as Schedule ICommonly characterized as “hard drugs" drugs in Canada under the Controlled Drugs and Substances Act (CDSA). The judicial system imposes harsh sentences for these drugs, with their use only allowed for medical or research purposes. They first appeared in Canada in the 1930s as a remedy for nasal congestion, marketed as an inhaler named Benzedrine. Various forms of amphetamines were available until the 1970s, when their risk of abuse and addiction lead to them being labelled illegal substances unless prescribed by a doctor. Along with possessionHaving knowledge and control of something — not only physically holding it, but also an item kept somewhere else that you know about and control. charges, having any detectable amount of amphetamine in your system within two hours of driving is also prohibited

What is Needed to Convict

To find you guilty of possessing amphetamines, the Crown must establish beyond a reasonable doubtThe high standard the Crown must meet to prove guilt. that you were in possession of the drug. “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 amphetamine was found at someone else's house or in a friend’s locker.

The Crown must also prove that the substance is listed in the CDSA and that you knew what it was. The Crown does not have to prove that you knew the exact law. But if you genuinely did not know what the substance was, that may matter.

Penalties for Amphetamine Offences in Canada

Possession of Substance

Possession of any amphetamine is illegal under s.4 (1) of the CDSA. Because amphetamine is listed in Schedule I, the punishment is set by s. 4(3). If the charge is treated as a summary convictionLess-serious criminal offences, a first offence can result in a fine of up to $1,000, a jail term up to six months or both. For any subsequent offence, the maximum fine is $2,000, the maximum jail term is a year, or both. If the charge is treated as an indictable offenceA more serious type of Canadian criminal offence., the maximum prison term is seven years.

Obtaining substance

Seeking or obtaining amphetamines from a health professional is illegal under s.4 (2) of the CDSA. The punishment for an offence under s. 4(2) is set by s. 4(7). If your charge is treated as a summary conviction, a first offence can result in a fine of up to $1,000, a jail term up to six months or both. For any subsequent offence, the maximum fine is $2,000, the maximum jail term is a year or you could be given both. If the charge is treated as an indictable offence the maximum prison term is seven years.

Trafficking in Substance

Section 5 of the CDSA makes it illegal to possess amphetamines with the intention of traffickingInfluencing the movements of a person in order to exploit them them. All charges are treated as indictable offences with a maximum penalty of life imprisonment.

Importing or Exporting

Importing or exporting amphetamines (CDSA s.6) is an indictable offence with a maximum of life imprisonment. This covers both bringing the drug into Canada and sending it out. There are no mandatory minimum sentences — Parliament removed the former minimums in 2022.


November 17, 2022
Update: Bill C-5: Mandatory Minimum Penalties Repealed.

Current Schedule Status

Amphetamine is currently listed as a Schedule I substance under the CDSA.

Possible Penalties

These are maximum sentences. Actual sentences depend on the facts, criminal history, and any mitigating or aggravating circumstances.

Possession — CDSA s. 4(1), Schedule I substance

Hybrid
Maximum (indictment)
7 years
Summary option
Summary: first offence — fine up to $1,000 and/or up to 6 months; subsequent offence — fine up to $2,000 and/or up to 1 year.

No mandatory minimum currently applies. Offence: s. 4(1). Punishment: s. 4(3).

Trafficking or possession for trafficking — CDSA s. 5, Schedule I

Indictable only
Maximum penalty
Life imprisonment
Summary option
None — indictable only

No mandatory minimum currently applies.

Importing or exporting — CDSA s. 6, Schedule I

Indictable only
Maximum penalty
Life imprisonment
Summary option
None — indictable only

No mandatory minimum currently applies.

Production — CDSA s. 7, Schedule I

Indictable only
Maximum penalty
Life imprisonment
Summary option
None — indictable only

No mandatory minimum currently applies.

What these words mean
Indictable
The more serious way to prosecute an offence. It can carry higher maximum penalties.
Summary conviction
The less serious, usually faster way to prosecute an offence, with lower maximum penalties.
Hybrid
An offence the Crown can prosecute either way — by indictment or by summary conviction.
Summary only
Summary-only offences are prosecuted by summary conviction. The Criminal Code sets the maximum penalty in the specific offence section.
Crown election
The Crown prosecutor’s choice of which way to proceed on a hybrid offence.

Possible Defences and Legal Issues

This page covers more than one section. Possible defences and legal issues are set out by section below.

Amphetamine — CDSA ss.4, 6 & 7

Sections 4, 6, and 7 of the Controlled Drugs and Substances Act each say the offence does not apply where the conduct is “authorized under the regulations” — section 4 covers possession, section 6 covers importing and exporting, and section 7 covers production. This means a valid authorization — such as a prescription, licence, permit, or other legal authorization — may matter, but only if it covers that substance and that activity. The Crown still has to prove the parts of the offence, including that the substance is listed in the CDSA and that the accused knew what it was. The Crown does not usually have to prove that the accused knew the exact law.

Amphetamine — CDSA s.5 (Trafficking)

Section 5 does not include an authorization exception the way sections 4, 6, and 7 do, and it does not list a special defence. The Crown still has to prove the parts of the offence: that the accused trafficked, or possessed for the purpose of trafficking, a substance included in Schedule I, II, III, IV or V of the Act (or a substance represented or held out to be such a substance), and that the accused knew what the substance was.

Possible issues may still depend on the facts, the evidence, and whether the Crown can prove each part of the offence. This is general legal information, not legal advice.

Common Legal Terms

Terms marked with a dotted underline in the article above are defined here and available in the full site glossary.

Amphetamines
Glossary entry →
Speed, bennies, glass, crystal, crank, pep pills, uppers
Beyond a reasonable doubt
Glossary entry →
The high standard the Crown must meet to prove guilt.
Indictable offence
Glossary entry →
A more serious type of Canadian criminal offence.
Possession
Glossary entry →
Having knowledge and control of something — not only physically holding it, but also an item kept somewhere else that you know about and control.
Schedule I
Glossary entry →
Commonly characterized as “hard drugs"
Summary offence
Glossary entry →
Less-serious criminal offences
Trafficking
Glossary entry →
Influencing the movements of a person in order to exploit them

Legal sources

The official statute section(s) this page is based on. Always confirm against the official source before relying on it.

  • Controlled Drugs and Substances Act s. 4 Possession of substance (penalties at s. 4(3) for Schedule I)
    Last reviewed by CCH: 2026-07-05
    View official source ↗
  • Controlled Drugs and Substances Act s. 5 Trafficking / possession for the purpose of trafficking
    Last reviewed by CCH: 2026-07-05
    View official source ↗
  • Controlled Drugs and Substances Act s. 6 Importing and exporting
    Last reviewed by CCH: 2026-07-05
    View official source ↗
  • Controlled Drugs and Substances Act s. 7 Production of substance
    Last reviewed by CCH: 2026-07-05
    View official source ↗
  • Controlled Drugs and Substances Act s. Schedule I Amphetamine (item 19(1))
    Last reviewed by CCH: 2026-07-05
    View official source ↗

Government References

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