Drug Possession

What is Drug Possession

Definition: The Controlled Drugs and Substances Act (CDSA) is the main Canadian legislation dealing with illegal drugs. Section 4 prohibits possession of a controlled substance without legal authorization.

Important Points:

“Controlled substance” covers a wide range of drugs, each with its own specific legal consequences.
“Possession” includes having something on your person, but also control over a drug that isn’t physically with you (e.g., in your home or vehicle).
The quantity of the drug, as well as the specific type, both impact the potential charges and potential sentence.

Common Evidence:

Witness statements: about you possessing or using drugs (not always reliable).
The substance itself, analyzed to confirm what it is and the quantity.
Drug paraphernalia found near you: scales, baggies, etc.
Your own statements to the police admitting possession.

Penalties for Drug Possession

Penalties vary wildly depending on the type and quantity of drug involved. It’s crucial to secure legal advice for your specific case. Penalties for simple possession include:

Summary Conviction: Less serious cases, generally smaller quantities for personal use.

Maximum Penalty: First offence, up to $1000 fine and/or 6 months in jail. Subsequent offences carry harsher penalties.

Indictment: More serious cases, often involving larger quantities or trafficking-related evidence.
Maximum Penalty: Up to 7 years in prison, with many factors impacting the specific sentence.

How We Can Help

Securing Your Release: An arrest for drug possession can sometimes mean immediate release, but a court date set for a later time. Other times, a bail hearing is required. We’ll fight for your release on fair conditions.

Fighting the Charges: Every drug possession case rests on specific details. We’ll look closely to build a strong defence:

The substance wasn’t an illegal drug under the CDSA.
You didn’t have possession (the drugs were someone else’s, etc., or the circumstances don’t meet the legal definition).
There is insufficient evidence regarding quantity, or chain of custody of the alleged drugs.
The police search violated your rights, and the evidence should be excluded.

Frequently Asked Questions

What about marijuana, isn't it legal now?

Possession is regulated, but there are rules on quantity and age limits. Breaking those carries potential consequences.

What is the difference between possession and possession for the purpose of trafficking?

Purpose of trafficking means you intend to sell or distribute the drugs, carrying far more severe charges.

Does it matter if it was a small quantity?

Yes, but the specific drug type matters greatly, some substances have ‘zero tolerance’ even for tiny amounts.

Let's Talk About Your Case

Drug possession charges can have serious consequences, ranging from fines to jail time. These cases are often factually complex, and an experienced criminal defence lawyer can help navigate the legal system and fight for your rights. Contact us for a free case review to discuss your situation and potential defences.

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