Criminal Law

Drug Offence Lawyers

Criminal Law

Strong Legal Defence Against Drug-Related Charges

Drug-related offences, especially drug possession, are some of the most commonly occurring criminal cases reported in Canada every year. These range from minor charges of drug use and possession to serious offences of distribution and manufacturing of drugs. Since the penalties and sentencing under each level of these offences vary considerably, it is crucial to have the right legal support from a capable drug offence lawyer from the beginning.

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What constitutes a drug offence under the law?

Canada has imposed strict laws to prevent drug misuse, and these are mentioned in the Controlled Drugs and Substances Act (CDSA). It is illegal to use, carry, possess, sell, produce, or distribute such controlled substances under the law. These can be illegal drugs, such as cocaine or heroin, but also medical drugs that are obtained and distributed without a prescription or valid documents.

The CDSA classifies drugs into different schedules, starting with highly dangerous drugs like cocaine in Schedule 1. Depending on which schedule the drug falls into, the penalties and sentencing will vary.

What are the penalties for drug offences under the Controlled Drugs and Substances Act (CDSA)?

Schedule 1

Cocaine, heroin, opium, fentanyl, oxycodone, methamphetamine, morphine, and amphetamines.

  • Production: Minimum mandatory sentence of 2 years, which can go up to 3 years in case of the health and safety factors violations mentioned in the act.
  • Trafficking: A minimum mandatory sentence of 1 year for the List A Aggravating Factors under the act and a minimum of 2 years for the List B Aggravating Factors.
  • Possession for trafficking: A minimum mandatory sentence of 1 year for the List A Aggravating Factors under the act and a minimum of 2 years for the List B Aggravating Factors.
  • Import or export: A minimum mandatory sentence of 1 year for the import/export of any of the Schedule 1 drugs below the weight of 1 kg and a minimum of 2 years for the import/export of any of the Schedule 1 drugs above 1 kg in weight.
  • Possession for exporting: A minimum mandatory sentence of 1 year for any of the Schedule 1 drugs below the weight of 1 kg and a minimum of 2 years for any of the Schedule 1 drugs above 1 kg in weight.

Schedule 2

Cannabis, including marijuana, cannabis resin, and cannabis oil.

  • Trafficking: For any offence involving more than 3 kg of the drug, a minimum mandatory sentence of 1 year for the List A Aggravating Factors under the act and a minimum of 2 years for the List B Aggravating Factors.
  • Possession for trafficking: For any offence involving more than 3 kg of the drug, a minimum mandatory sentence of 1 year for the List A Aggravating Factors under the act and a minimum of 2 years for the List B Aggravating Factors.
  • Import or export: A minimum mandatory sentence of 1 year for the import/export of the drug.
  • Possession for exporting: A minimum mandatory sentence of 1 year.
  • Production:
    • 6-200 plants: Minimum mandatory sentence of 6 months to a maximum of 14 years.
    • 201-500 plants: Minimum 1 year mandatory sentence to a maximum of 14 years.
    • Over 500 plants: Minimum 2 years mandatory sentence to a maximum of 14 years.
    • Other Schedule 2 substances, such as cannabis resin or oil: A minimum mandatory sentence of 1 year to a maximum sentence of 18 months.

How do the aggravating factors affect the penalties in a drug offence?

An aggravating factor is an additional circumstance in the case that increases the severity of the crime in the eyes of the law, thus attracting a proportionate severe penalty.

What are the different types of aggravating factors applicable to a drug offence?

List A Aggravating Factors:

  • The offence was committed on behalf of a criminal organization.
  • There was a threat of violence or the use of weapons involved.
  • Record of a previous drug offence conviction within the last ten years.
  • Abused a position of authority to gain access to a restricted area in order to facilitate the import/export of the drug.

List B Aggravating Factors:

  • The offence was committed in or near a school or any other location frequented by children or minors.
  • The offence was committed in a prison.
  • The offence was committed by employing a minor, or the drug was sold to a minor.

Health and Safety Factors:

  • The accused used the property belonging to a third party to facilitate the offence.
  • The production of the drug put the health, safety, or security of the minors in that area at risk.
  • The production of the drug put the safety of the public in a residential area at risk.
  • The accused set up traps or devices in the location, putting the public at risk of bodily harm or even death.

How can our criminal defence lawyers help you?

Obviously, the aggravating factors will push the offence to the next level of severity, attracting stringent penalties and mandatory sentences. However, the Canadian law offers all defendants the opportunity to receive a fair and just trial. Engaging an experienced criminal defence lawyer from the very beginning of your case will make a lot of difference. A knowledgeable lawyer will scrutinize every aspect of the case, including any lapses in the arrest or evidence collection procedures followed by the police. He will challenge any such evidence or statement collected and, in some cases, might successfully prevent them from being presented in court.

In a criminal trial, the burden of proof is on the Crown to prove the guilt of the accused in the case. The law deems the accused to be innocent until proven guilty. This allows your lawyer to legally manoeuvre to get the charges reduced or dropped if the prosecution’s evidence is not strong enough. If you are facing any drug-related charges, do not hesitate to reach out to our criminal defence team for support and guidance.

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If you are dealing with such serious criminal charges, do not hesitate to reach out to our criminal defence team for immediate legal support and guidance. Get in touch with our team to schedule your consultation today.

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Frequently Asked Questions

If you have additional questions or need further assistance, please don’t hesitate to reach out to us at hello@nanda.ca. We’re here to help!

Under the Controlled Drugs and Substances Act (CDSA), highly addictive and harmful drugs are classified as Schedule 1 drugs. Some of the common examples of Schedule 1 drugs are cocaine, heroin, opium, fentanyl, oxycodone, methamphetamine, morphine, and amphetamines. Considering the harmful nature of these drugs, the illegal production, use, and distribution of these drugs will attract strict punishment in the event of a conviction. If you are wrongly accused of a Schedule 1 drug offence, do not hesitate to connect with our experienced criminal defence lawyers for legal counsel and representation in court.

The types of drug offences under the Controlled Drugs and Substances Act will fall into the following categories:

  • Possession
  • Production
  • Trafficking
  • Possession for trafficking.
  • Import/export
  • Prescription shopping.

This will depend on the particular circumstances of the case. Generally speaking, when you are at your home or in your vehicle, the police do not have the right to search your home or vehicle without a warrant or permission from you to do so. The same applies to a situation where the police stop you on the street. Under suspicious circumstances, they may perform a pat-down, but they do not have the right to search your pockets. However, if you are being arrested on suspicion of a criminal activity, they have the right to search your pockets and clothing.

Regardless of the ownership of the drug, you could be charged with possession of the drug, which was found on you. The nature of the charges will depend on the particular circumstances of your case. But, generally speaking, regardless of whether the drugs belong to you or a friend, if they were found in your possession, the charges under the relevant sections of the Controlled Drugs and Substances Act may be laid against you. If so, you need to immediately get in touch with our criminal defence lawyers for legal counsel and assistance.

In the event of a drug offence charge, you need to immediately engage the services of an experienced criminal defence lawyer to represent you in your case. No matter how serious the offence is, a good criminal defence lawyer can make a lot of difference in your case. Depending on how strong the evidence the prosecution has against you, your lawyer can fight to get the charges reduced or dropped altogether. Connect with our criminal defence lawyers for effective legal representation if you are charged with a drug offence.

The final court order in any criminal case will depend on many factors, such as the particular circumstances of the case, the strength of the prosecution’s evidence, and how good your lawyer was in building a strong legal defence on your behalf. In most cases, a first-time drug possession charge is likely to attract a six-month sentence if convicted. If you are faced with a similar situation, ensure that you have the best criminal lawyer defending your case. Get in touch with our criminal defence team today!

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