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Law.Hut, Lawyer
Category: Canada Law
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I own a small chemical company, selling small samples of chemicals

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I own a small chemical company, selling small samples of chemicals for scientific purposes. All the compounds do have bioactivity, but I do not allow sale for human use and have evidence to prove this from emails denying sales and preventing sales even if the communication is questionable with a customer. Customers must agree to the term and conditions before ordering and I also email every customer to confirm that they are not purchasing for human use and to make sure they are over 19+ ETC... Anyway, to get to the point, after a year of business, I receive an letter from Health Canada stating that I am selling controlled substances and that I must stop my business activities of selling the chemicals or get a license to comply with regulations. It also states that if I do not send them a response by mail before May 31st stating that I will comply (signed off by an officer to bind my company), then they will contact the RCMP and I am assuming they will raid my place of business/house, in effect, terrorizing my family. (I already suffer from anxiety and paranoia and this situation is killing me) The thing is NONE of the compounds my company offers are listed in the CDSA like Health Canada is saying and none of the compounds are an analog of scheduled compounds since there is not clause stating “analogs”. Health Canada is also referring to the subsection 70(b) of the Narcotic Control Regulations and subsection 3(a) of the BOTSR. Again none of the compound are “targeted” compounds or listed in the CDSA. Health Canada was referring to the compounds; “such as, AM-2201, JWH-210 and Etizolam” in the letter. Hopefully someone can help and I can email a copy of the Health Canada letter if necessary.

In addition, if the RCMP raid my place of business/house, since the compounds are not controlled, wouldn't this break section 8 of the Canadian Charter of Rights and Freedoms. "8. Everyone has the right to be secure against unreasonable search or seizure." Because of this do you think Health Canada is just bullying my small (sole proprietorship) company?

If you are not possessing or selling anything that is contrary to the CDSA, then there would be o consequences to you of any RCMP investigation. They may well get a warrant to search your business. They presumably have some information (albeit incorrect) that you have such substances on hand, and on that basis may be able to get a search warrant. If they do so they would to be violating section 8 of the Charter, as a search that is properly authorized y a warrant is not unreasonable.

Certainly if they attempt to search your business without such a warrant that would raise a possible Charter breach.

You can respond to them that you are to in possession of any of the items that they identify as requiring a licence to possess or sell. If they do not believe you they will carry out an investigation as they see fit but from what you say that will be an unfortunate waste of time as they will not discover any contravention of the law on your part. You are not required to respond back or volunteer any information to them.
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