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GLOSSARY · LAW AND ACCESS

Production (controlled substance)

Also called: production offence, produce

In Canadian drug law, obtaining a scheduled substance by any method, including manufacturing, synthesizing, cultivating, propagating or harvesting. Section 7 of the Controlled Drugs and Substances Act makes unauthorized production an offence.

The Controlled Drugs and Substances Act defines “produce” as obtaining a scheduled substance by any method or process, including manufacturing, synthesizing or altering its chemical or physical properties, and cultivating, propagating or harvesting it or any living thing from which it may be extracted (Justice Laws, CDSA). Because psilocybin is in Schedule III, the definition reaches living fungi that contain it, not only laboratory work.

Section 7(1) says that, except as authorized under the regulations, no person shall produce a substance in Schedules I to V. For Schedule III, the maximum is ten years on indictment or 18 months on summary conviction (Justice Laws, CDSA). Health Canada lists production alongside sale and possession as illegal for magic mushrooms unless it authorizes the activity (Health Canada, magic mushrooms).

Authorized production happens under licences issued to licensed dealers under the Controlled Substances Regulations. This entry describes the law; it is not legal advice.

General information, not legal advice.

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