Drug Offences CDSA ss. 4-7 Hybrid / Indictable

Oxycodone

Oxycodone, also known as oxy, falls within Schedule I of the CDSA. Researchers say it has been overprescribed, leading to an opioid crisis.

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

Oxycodone offences include having, dealing, making, or moving the drug across the border. The Crown must show you knew you had the drug. A valid prescription can make possession legal. Simple possession can bring up to 7 years in prison. Dealing or making oxycodone can bring up to life. There is currently no mandatory minimum sentence for these offences.

Oxycodone, also known by the brand name OxyContin or Percocet, is a Schedule I narcotic under the Controlled Drugs and Substances ActCanada's federal drug control statute (CDSA) and comes with potentially severe penalties if you illegally possess or distribute it. Derived from the poppy plant, it is an opioid drug, like morphine, codeine and methadone, and can be legally prescribed to treat moderate to severe pain. It is one of the most abused painkillers sold in pill or tablet form. OxycodoneA potent opioid that is addictive is often crushed, snorted, or injected for an immediate, intense high. Oxycodone can be highly addictive and, as a result, has led to an opioid epidemic in Canada. Because of that, harsh penalties can be expected for those convicted of possessing or distributing this narcotic.

What is Oxycodone?

Oxycodone is a Schedule ICommonly characterized as “hard drugs" narcotic under the Controlled Drugs and Substances Act (CDSA). It was first synthesized in Germany in 1916 but wasn’t made available in North America until 1939. Researchers say it has been overprescribed, leading to an opioid crisis. Its use has increased dramatically over the years.

In Ontario, for example, prescriptions for oxycodone increased by 850 percent between 1991 and 2007, according to one report.

OxyContin was developed in 1995 and is a time-release form of oxycodone that provided long-lasting pain relief. OxyContin, which generally contains higher concentrations of oxycodone than non-time release drugs, became associated with abuse and addiction problems. It was removed from the Canadian market in 2012 and replaced with OxyNEO, a similar drug not as easy to crush for the purposes of snorting or injecting. 

According to the Government of Canada (Opioid- and Stimulant-related Harms in Canada,) the COVID-19 pandemic has worsened the ongoing crisis of opioid overdoses and death. The government reported 1,705 apparent opioid toxicity deaths between July and September 2020 representing the highest quarterly count since national surveillance began in 2016.

Street Names for Oxycodone

You may know it better by its street names, which include oxys, blues, hillbilly heroin, kickers, killers, percs and roxies.

Effects of Oxycodone

Oxycodone targets opioid receptors in the brain, spinal cord and some internal organs to help to suppress pain. It can create feelings of euphoria or well-being. When properly prescribed and supervised by a doctor, it is an effective pain reliever. However, if you have a history of alcohol or drug abuse you are susceptible to oxycodone addiction. 

Opioids can cause drowsiness, dizziness, mood swings, respiratory depression, coma and even death at certain doses. It can also cause loss of appetite, sweating, nausea, vomiting, constipation, and sleep apnea. Withdrawal symptoms can be unpleasant and include insomnia, anxiety, agitation, muscle pain, tremors and sweating.

If you crush the pills and mix it with other chemicals to get high you could permanently damage veins and organs.

Because it is a potent painkiller, oxycodone can be highly addictive. If you start out taking the prescribed amount, your body may develop a tolerance so you need higher doses to maintain the same relief. This is when the transition from use to abuse to addiction can occur.

Legal Status of Oxycodone in Canada

Oxycodone is a Schedule ICommonly characterized as “hard drugs" drug. You may possess oxycodone lawfully if it is authorized, such as through a valid prescription. Selling or sharing oxycodone, producing it, or importing or exporting it are separate CDSA offences and are not made lawful simply because someone has a prescription.

“Double doctoring” or “doctor shoppingVisiting several doctors to gain multiple prescriptions” means seeking or getting controlled substances from more than one practitioner without disclosing the other recent prescriptions; it is addressed in s.4(2) of the CDSA.

Illegal opioids are any opioids that are made, shared or sold illegally and include:

  • street drugs from a drug dealer;
  • opioids received by someone who is not your health-care provider; or
  • opioids that are not prescribed to you but are taken from someone else.

What is Needed to Convict

To find you guilty of possessing an opioid, the Crown must establish beyond a reasonable doubtThe high standard the Crown must meet to prove guilt. that you were in possessionHaving knowledge and control of something — not only physically holding it, but also an item kept somewhere else that you know about and control. of the drug. Remember that “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 oxycodone 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. If you had a valid prescription or other legal authorization, possessing it may be allowed.

Penalties for Oxycodone Offences in Canada

Drug crimes are generally distinguished as either possession or sales offences. If you have been charged with possessing a small amount of illegally obtained oxycodone you will likely face a light sentence for a first conviction. Selling or distributing narcotics come with much more severe penalties

It all depends on the specifics of your case. If you have been convicted of illegally possessing, manufacturing or distributing a narcotic you could be sent to jail, even if it is your first offence. Sentences will vary depending on how much you possessed and if there were any aggravating factorsA fact or circumstance that may support a more severe sentence..

Oxycodone is a Schedule I drug. Simple possession is a hybrid offenceAn offence the Crown can proceed with summarily or by indictment.: on indictment the maximum is 7 years; on summary convictionLess-serious criminal offences the maximum is $1,000 and/or 6 months for a first offence, or $2,000 and/or 1 year for a subsequent offence. TraffickingInfluencing the movements of a person in order to exploit them, possession for the purpose of trafficking, production, and importing or exporting are more serious offences. Each of these is an indictable offenceA more serious type of Canadian criminal offence. and carries a maximum of life imprisonment. There are no mandatory minimum sentences.


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

Lawful Possession With Authorization

Possession may be lawful if the person is authorized under the regulations, such as by having a valid prescription for them. Possession without authorization can be charged under the CDSA.

Procedural Severity by Scenario

Simple possession is hybrid, but trafficking, importing/exporting, and production of a Schedule I substance are indictable-only offences.

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.

Oxycodone — CDSA ss.4, 6 and 7

Section 4(1) of the Controlled Drugs and Substances Act (CDSA) opens with the words “Except as authorized under the regulations” before setting out the possession offence. Sections 6 (importing, exporting, and possession for export) and 7 (production) use the same authorization language. 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. Having a valid prescription for oxycodone does not, by itself, make selling, sharing, producing, importing, or exporting it lawful — the authorization has to cover that specific activity. The Crown still has to prove the parts of the offence, including that the substance is listed in the CDSA (oxycodone is a Schedule I substance) and that the person knew what it was.

Oxycodone — CDSA s.4(2) (Obtaining Substance)

Section 4(2) of the CDSA makes it an offence to seek or obtain a substance, or an authorization to obtain a substance, from a practitioner “unless the person discloses to the practitioner particulars relating to the acquisition” of that substance from another practitioner within the preceding thirty days — sometimes called double doctoring. The offence turns on whether disclosure was made: if the person did disclose their other recent prescriptions, section 4(2) is not made out. The Crown still has to prove the parts of the offence, including the lack of disclosure.

Oxycodone — CDSA s.5 (Trafficking)

Section 5 of the CDSA does not list a special defence for trafficking or possession for the purpose of trafficking. The Crown still has to prove the parts of the offence: that the person trafficked the substance or possessed it for the purpose of trafficking, that the substance is listed in the CDSA, and that the person knew what it was. The Crown does not usually have to prove that the person knew the exact law.

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.

Aggravating factor
Glossary entry →
A fact or circumstance that may support a more severe sentence.
Beyond a reasonable doubt
Glossary entry →
The high standard the Crown must meet to prove guilt.
Doctor shopping
Glossary entry →
Visiting several doctors to gain multiple prescriptions
Hybrid offence
Glossary entry →
An offence the Crown can proceed with summarily or by indictment.
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. Schedule I Item 1(28) — Oxycodone
    Last reviewed by CCH: 2026-07-05
    View official source ↗
  • Controlled Drugs and Substances Act s. 4 Possession of substance
    Last reviewed by CCH: 2026-07-05
    View official source ↗
  • Controlled Drugs and Substances Act s. 5 Trafficking in substance
    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 ↗

Government References

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