Drug Offences CDSA ss. 4-7; Criminal Code s. 246 Hybrid / Indictable

Roofies

Roofies are widely linked to cases of sexual assault, 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; Criminal Code s. 246 Classification: Hybrid / Indictable
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Roofies: Possession Rules and the Penalties

Roofies is a controlled drug under the Controlled Drugs and Substances Act. The Crown must show you had control of the drug and knew what it was. A valid prescription can make possession legal. Simple possession can bring up to 7 years in prison. Trafficking can carry a life sentence, with no minimum for any of these offences.

Roofies: FlunitrazepamA depressant used as a date rape drug, also known by the brand name Rohypnol, is a Schedule ICommonly characterized as “hard drugs" narcotic under the Controlled Drugs and Substances ActCanada's federal drug control statute (CDSA) that brings potentially harsh sentences for criminal convictions. It is part of the benzodiazepines family of depressant drugs that slows down brain activity and produces a calming effect. It is generally used to treat people with insomnia, seizures, panic attacks or anxiety. Flunitrazepam is a central nervous system depressant that is 10 times more potent than similar drugs such as Valium. It is odourless, tasteless and looks like an Aspirin tablet. It can be crushed and dissolved in drinks without being detected by the victim. It can take effect within 20 minutes and last eight to 12 hours.

What is Flunitrazepam?

Patented in 1962, flunitrazepam came into use in 1974 and is often referred to as roofies, wolfies, 'forget me' pills. It is a mind-altering substance that can lead to addiction and overdose. 

Combining flunitrazepam with other substances can be dangerous and potentially fatal. When mixed with alcohol, its effects are intensified. Victims have described the drug's effect as paralyzing, leaving them unable to resist a sexual assault. Their memory is impaired, and they may not be able to remember what had occurred after the drug took effect. Flunitrazepam can cause respiratory depression, coma and death. It is sometimes used to enhance a heroin high or ease the adverse effects of a crack or cocaine binge. Because it is inexpensive, flunitrazepam is popular with high school and university students.

Street Names for Flunitrazepam

You may know it better by its street names, which include circles, roofenol, roll and fall, forget me pill, la rocha, lunch money, R2, Roach 2, ruffies, rophies, wolfies

Effects of Flunitrazepam

When you swallow flunitrazepam, it is absorbed into the bloodstream and travels to the brain, depressing the central nervous system. Small amounts may help you feel more confident, but they can cause quick intoxication, dizziness, disorientation, drowsiness and impaired judgment. You may suffer memory loss, nausea, hot and cold flashes, and difficulty speaking or moving. You can wake up confused, unable to account for a period of time.

Milder symptoms of an overdose can include lower blood pressure, slower heart rate and slurring of speech. You may also be unsteady on your feet. If the overdose is more severe, you could lose consciousness. Your breathing and heart may stop momentarily. You may also experience withdrawal symptoms, including depression, hallucinations, convulsions, headaches and sore muscles. Continued use could lead to addiction.

Legal Status of Flunitrazepam in Canada

Flunitrazepam has been widely linked to cases of sexual assault. As well, it has been used to incapacitate victims of theft. It is commonly used in suicides and often detected in people suspected of driving under the influence of drugs. BenzodiazepineA category of drugs that slows down brain activitys such as flunitrazepam are only legally available in Canada by prescription and should only be consumed as recommended by a physician. It is illegal to traffic, import or produce it.

What is Needed to Convict

To find you guilty of possessing a benzodiazepine, the Crown prosecutorA lawyer who conducts a criminal prosecution on behalf of the public. must establish beyond a reasonable doubtThe high standard the Crown must meet to prove guilt. that you were in possession 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 you had some degree of control and knowledge of the drug.

As a result, you can be found guilty of possession even if the flunitrazepam 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 Flunitrazepam Offences in Canada

Drug crimes are generally distinguished as either possessionHaving knowledge and control of something — not only physically holding it, but also an item kept somewhere else that you know about and control. or sales offences. 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.. If you have been charged with possessing a small amount of illegally obtained flunitrazepam, you will likely face a light sentence for a first conviction. However, selling or distributing narcotics comes with much more severe penalties. Your sentence will depend on the specifics of your case, so 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.

Flunitrazepam, often called roofies, is a Schedule I drug under the CDSA. 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 or possession for the purpose of trafficking can only be tried as an indictable offenceA more serious type of Canadian criminal offence. and carries a maximum of life imprisonment.

Under the CDSA, you can be convicted of trafficking if you "sell, administer, give, transport, send or deliver the substance" or "sell an authorization to obtain the substance or offer to do anything mentioned." An exchange of money is not required for a conviction; transferring a controlled substance such as flunitrazepam from one person to another is enough.

It is important to note that if you used the drug in a sexual assault or theft, you could face additional charges under the Code.


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

Why This Page Uses 'Roofies'

'Roofies' is a street term. This page covers flunitrazepam and GHB because those substances are commonly associated with that term and with drug-facilitated offences. The CDSA uses the chemical/statutory names, not the street term.

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.

Administering a stupefying or overpowering thing to facilitate another offence — Criminal Code s. 246

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

Roofies — 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 — may matter, but only if it covers that specific substance and activity. A prescription for a different benzodiazepine, an expired prescription, or one issued to someone else does not make possession of flunitrazepam lawful. The Crown still has to prove the parts of the offence, including that the substance is listed in the CDSA (flunitrazepam is a Schedule I substance) and that the person knew what it was.

Roofies — 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.

Roofies — Criminal Code s.246 (Overcoming Resistance)

Section 246 of the Criminal Code does not list a special defence. It applies to a person who, intending to enable or assist themselves or another person to commit an indictable offence, chokes, suffocates, or attempts to render another person insensible or incapable of resistance, or who administers or attempts to administer a stupefying or overpowering drug to another person. The Crown still has to prove each part of the offence, including the intent to enable or assist the commission of an indictable offence.

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.
Benzodiazepine
Glossary entry →
A category of drugs that slows down brain activity
Beyond a reasonable doubt
Glossary entry →
The high standard the Crown must meet to prove guilt.
Crown prosecutor
Glossary entry →
A lawyer who conducts a criminal prosecution on behalf of the public.
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.
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 Flunitrazepam (item 20), GHB (item 21)
    Last reviewed by CCH: 2026-07-05
    View official source ↗
  • Controlled Drugs and Substances Act s. 4 Possession
    Last reviewed by CCH: 2026-07-05
    View official source ↗
  • Controlled Drugs and Substances Act s. 5 Trafficking
    Last reviewed by CCH: 2026-07-05
    View official source ↗
  • Controlled Drugs and Substances Act s. 6-7 Importing/exporting and production
    Last reviewed by CCH: 2026-07-05
    View official source ↗
  • Criminal Code s. 246 Overcoming resistance to commission of offence
    Last reviewed by CCH: 2026-07-05
    View official source ↗

Government References

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