Section 4(1) of the Controlled Drugs and Substances Act says that, except as authorized under the regulations, no person shall possess a substance in Schedule I, II or III (Justice Laws, CDSA). Psilocin and psilocybin are in Schedule III. The Act borrows its meaning of possession from the Criminal Code.
Under section 4(3) of the Criminal Code, a person has something in possession when it is in their personal possession, or when they knowingly have it in another person’s custody or in any place for their own or someone else’s use or benefit. If one of several people holds it with the knowledge and consent of the others, all of them are deemed to possess it (Justice Laws, Criminal Code s. 4).
For a Schedule III substance, the maximum is three years on indictment, or on summary conviction a fine of up to $1,000 or six months for a first offence (Justice Laws, CDSA). Since 2022, sections 10.1 to 10.3 of the Act direct police and prosecutors to consider warnings, referrals or diversion before charging simple possession. Possession for the purpose of trafficking is a separate, more serious offence. Not legal advice.
General information, not legal advice.
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