Under Section 7(1) of the CDSA, it is an offence to produce or manufacture a drug listed in Schedules I, II, III or IV.
The consequences of being convicted of producing a Schedule I, II or III drug are set out in Section 7(2) of the CDSA.
In summary, the consequences are:
* The minimum sentence applies if one or more of the following aggravating factors in Section 7(3) of the CDSA apply: (a) use of real property that belongs to a third party; (b) the production constituted a potential security, health or safety hazard to persons under 18 who were in the location where the offence was committed or in the immediate area; (c) the production constituted a potential public safety hazard in a residential area; or (d) the person set or placed or permitted to remain in place a trap, device or other thing that is likely to cause death or bodily harm to another person in the location where the offence was committed or in the immediate area
** The minimum sentence varies according to the number of plants:
6 months – for more than 5 and less than 201 where the purpose of production was trafficking.
9 months – for more than 5 and less than 201 where the purpose of production was trafficking and any additional aggravating factors apply (see (a) to (d) in the previous note)
1 year – for more than 200 and less than 501
18 months – for more than 200 and less than 501 and where any additional aggravating factors apply (see (a) to (d) in the previous note)
2 years – for more than 500
3 years – for more than 500 and where any additional aggravating factors apply (see (a) to (d) in the previous note)