Criminal Law
Possession of Drugs
Criminal Law
Possession of Drugs
In Canada, possession of drugs is a serious criminal offence that could land you in jail for a maximum sentence of up to seven years, depending on the nature of the drugs found in your possession. This is why you need to have an experienced criminal defence lawyer on your side to defend you against these charges and safeguard your freedom and reputation. At Nanda and Associate Lawyers, you can count on our criminal defence lawyers to fight your case until the very end to secure a favourable outcome in court.
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What constitutes the offence of possession of drugs?
First of all, it is important to note here that drug possession and other drug-related charges, such as the production, trafficking, importing, and exporting of drugs, are governed by the Controlled Drugs and Substances Act (CDSA) and not by the Criminal Code of Canada. Also, it will be the Federal Crown that will be bringing up the charges in such cases. The Provincial Crown does not have a role to play here.
This offence is defined under the Controlled Drugs and Substances Act (CDSA) as the custody or control of any of the prohibited drugs mentioned under the various schedules.
What are the legal penalties for drug possession?
Under the Controlled Drugs and Substances Act (CDSA), the severity of the legal penalties will depend on the nature of the drug, which is classified under the following schedules.
Schedule I:
Highly harmful and addictive drugs such as cocaine, crack cocaine, morphine, amphetamines, opium, and fentanyl.
Indictable offence: Maximum sentence of a prison term of up to seven years.
Summary conviction:
First offence: Maximum sentence of six months in jail with the possibility of a $1,000 fine.
Subsequent offence: Maximum sentence of one year in jail with the possibility of a $2,000 fine.
Schedule II:
These drugs are seen as moderately harmful and addictive, such as cannabis and hash.
Indictable offence: Maximum sentence of a prison term of up to five years.
Summary conviction:
First offence: Maximum sentence of six months in jail with the possibility of a $1,000 fine. The same sentence might apply if the quantity of the possessed drug was under 30 grams in the case of cannabis or under 1 gram for cannabis resin.
Subsequent offence: Maximum sentence of one year in jail with the possibility of a $2,000 fine.
Schedule III:
Less harmful drugs such as Vicodin, ketamine, anabolic steroids, and Suboxone.
Indictable offence: Maximum sentence of a prison term of up to three years.
Summary conviction:
First offence: Maximum sentence of six months in jail with the possibility of a $1,000 fine.
Subsequent offence: Maximum sentence of one year in jail with the possibility of a $2,000 fine.
How can our criminal defence lawyer help you in the case?
Legal advice and guidance:
It is important that you contact a criminal defence lawyer immediately upon being charged. Your lawyer will explain your Charter rights and how to cooperate with the investigation without incriminating yourself. It is best to exercise your right to remain silent until you are able to retain the services of an experienced lawyer to represent you.
Reviewing the evidence and preparing the defence
Your lawyer will study the evidence collected by the Crown against you and look for any inconsistencies and weaknesses in the prosecution’s case. They will prepare a strong defence on your behalf in court to disprove the charges.
Negotiating with the Crown
As your legal representative in your case, your lawyer will negotiate with the Crown to drop or reduce the charges against you, if possible.
Legal representation
Your lawyer will provide you with legal representation when the matter finally reaches the court. They will present your side of the case effectively in court and point out the inconsistencies in the evidence submitted by the Crown.
We can Help
Our criminal defence lawyers have more than 20 years of experience in successfully helping numerous clients fight criminal charges. If a drug possession charge is indeed laid against you, get in touch with our criminal defence team immediately for legal guidance and support.
Frequently Asked Questions
What is the difference between possession of drugs and possession for the purpose of trafficking charges?
They fall under different sections of the Controlled Drugs and Substances Act (CDSA). Possession for the purpose of trafficking means that you are involved in the act of selling, delivering, transporting, or distributing the drugs found in your possession, while a simple drug possession charge refers to the mere custody and control of the drug found in your possession. For obvious reasons, the law takes a much more serious view of possession for the purpose of trafficking charges. While the maximum sentence in a simple drug possession charge is seven years, in a possession for the purpose of trafficking charge, the accused could be imprisoned for life if convicted. Get in touch with our criminal defence lawyers immediately if you are facing either of these serious criminal charges.
How does the Crown prove the actual possession?
The key elements the Crown has to prove in court for securing a conviction in a drug possession case are the following.
Knowledge:
The accused must have the knowledge that they were indeed in possession of a prohibited drug.
Control:
They must have a certain measure of control over the drug.
Guilt beyond a reasonable doubt:
In a criminal case, the burden of proof on the Crown is higher than that in a civil case. The prosecution has to submit evidence in court proving the charges beyond a reasonable doubt.
How does the Crown prove knowledge of the illegal drug?
In order to prove the charge of possession of the drug in court, it is essential for the Crown to establish that the accused was aware of the illegal drug being in his possession. In some cases, this might work in favour of the accused. For example, if the accused had borrowed the jacket belonging to one of his friends and an illegal drug was later discovered in one of the pockets, the crown’s contention that the accused had active knowledge of the drug in his possession may be contested in court. However, for obvious reasons, such arguments might not always work. Another example might be a case of the accused mistaking an illegal drug for a legal one. Contact our criminal defence lawyer if you need legal representation in your fight against a drug possession charge.
What if I were not the owner of the drug found in my possession?
If the drug was found in your possession, the actual ownership of the substance does not matter. You cannot argue that the drug actually belonged to one of your friends, and you were keeping it in storage for them. In a drug possession charge, what matters is the knowledge and control you had over the drug in your possession. Possession of any of the prohibited drugs is still a criminal offence under the Controlled Drugs and Substances Act. Get in touch with our criminal lawyer immediately for legal counsel in such a case.
Can I be found guilty of possessing a drug not found on me?
Yes. It is possible for a guilty conviction in a drug possession case even though the drug was not directly found in your possession. As mentioned earlier, the main criteria for proving a drug possession charge in a criminal court are the knowledge and control the accused had over the drug in question. For example, the drugs might be discovered in the glove compartment of the car owned by the accused. In this case, a conviction might be obtained by pointing out that the defendant had knowledge and control over the drugs found in his own car. If you are facing such a drug possession charge laid against you, get in touch with our criminal defence lawyer right away for legal assistance.
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