Yes. The way we read the legislation, the drugs listed in schedule III of the Controlled Drugs and Substances Act, which are things like amphetamines, LSD, and psilocybin, are hybrid offences. The offences you mentioned are hybrid and they could be prosecuted by way of summary conviction. If they were to be prosecuted by way of indictment, then the maximum sentence would be ten years, and conditional sentences would not be available.
What I should also point out is that for those substances listed in schedule I--heroin, cocaine, methadone--trafficking of any quantity of that substance is an indictable offence. Therefore, if there was a conviction and a term of imprisonment, a person who is convicted of trafficking in any quantity, however small, say of heroin or cocaine, would have to spend time in prison. So you're talking about sending people to prison, many of whom will be addicts, in places where they will continue to use drugs--because we know that happens--without access to sterile injection equipment. This doesn't make sense from a public health perspective.