Drug Production
What is Drug Production
Definition: The Controlled Drugs and Substances Act (CDSA) is the primary Canadian law dealing with illegal drugs. Section 7(1) prohibits the production of a controlled substance, except as authorized by law.
Important Points:
- “Production” covers a wide range of activities, from growing a marijuana plant, to processing cocaine, to manufacturing synthetic drugs in a clandestine lab.
- Intent matters: You must have intended to produce the illegal substance.
- The scale of production and the specific drug significantly impact the potential consequences.
Common Evidence:
- Direct witness observations of you engaged in the production process.
- Chemicals, equipment, or plants specifically connected to producing the substance.
- Recipes or instructional materials for making the drugs found near the production site.
- Digital communications (texts, emails) that suggest you were involved in the production of the drugs.
Penalties for Drug Production
Penalties for drug production are severe, and are highly dependent on the drug and the circumstances. The Crown decides how to proceed:
Summary Conviction: Less serious cases, generally smaller quantities for personal use.
- Maximum Penalty: Up to 18 months in prison and/or a $5,000 fine.
Indictment: More serious cases, often involving larger quantities for trafficking.
- Maximum Penalty: Up to 10 years in prison, with many factors impacting the specific sentence.
How We Can Help
Securing Your Release: An arrest for drug production nearly always means a bail hearing. It can be very difficult to get bail, but we’ll work tirelessly to build the strongest possible case for your release with reasonable conditions.
Fighting the Charges: Every drug production case is fact-specific. We’ll look closely to build a strong defence:
- You were not involved in the production or didn’t know it was occurring.
- The substances or equipment found are capable of legal uses, and there’s no evidence of illegal activity.
- Lack of sufficient evidence to prove you intended to produce the illegal substance.
- The police violated your rights during their investigations, and the evidence should be excluded.
Frequently Asked Questions
What about growing a few marijuana plants for my own use?
There are limited legal exceptions for medical marijuana, but strict regulations apply. Growing beyond this is still illegal.
Does it matter how much was being produced?
Yes, but the specific drug also matters. Smaller production of some drugs is treated more harshly than large quantities of others.
What's the difference between production and possession with intent to traffic?
Production focuses on creating the drug, trafficking on the distribution for sale
Let's Talk About Your Case
Drug production charges are incredibly serious and carry the potential for lengthy prison sentences. If facing these charges, don’t risk your future. Contact us as soon as possible for a free case review to discuss your situation and potential defences.
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