Is Benzodiazepines legal in Canada?

Legal status

Controlled, and possession is not an offence. The benzodiazepines are in Schedule IV of the Controlled Drugs and Substances Act, listed individually. Trafficking is an offence and simple possession is not.

Consequences if caught

Diazepam, midazolam, nimetazepam, nitrazepam and the rest are listed individually in Schedule IV. Flunitrazepam is the exception and sits in Schedule I with its salts and derivatives, so it carries the Schedule I figures rather than the Schedule IV ones. Schedule IV is the point. Section 4(1), the possession offence, names Schedule I, II and III and does not name Schedule IV, so possessing this substance is not an offence under section 4. Section 5(1) and 5(2), trafficking and possession for the purpose of trafficking, do name Schedule IV, and section 5(3)(c) sets that at up to three years on indictment. A prohibition list and an offence list are not the same list, and in this act they differ by one schedule. Section 5(1) and 5(2) cover trafficking and possession for the purpose of trafficking in a substance included in Schedule I, II, III, IV or V. Section 5(3)(a) makes trafficking in a Schedule I or II substance an indictable offence liable to imprisonment for life. Section 5(3)(b) sets Schedule III and V at up to ten years on indictment. Section 5(3)(c) sets Schedule IV at up to three years. A designer benzodiazepine that is named in no schedule is reached by neither provision, because Schedule IV has no class definition and the analogue wording is attached to other entries.

If prescribed or medical

Benzodiazepines are prescription medicines in Canada. A prescribed medicine carried in its original packaging with the prescription is lawful.

Documentation

For a prescribed controlled medicine, carry it in its original pharmacy packaging with the prescription or a letter from the prescriber. Canada is not in the Schengen area, so a Schengen certificate is not the Canadian document.

Drug laws and enforcement change and vary within a country. This is not legal advice. Always confirm with Canada’s embassy or official drug authority before traveling; penalties can be severe, including imprisonment.