Drug Offences

Possession [C.D.S.A. s 4]

Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III.

(a) Schedule I substances include: Opium, Cocaine, Heroin, Ecstasy, Ketamine, Methamphetamine, etc.

(b) Schedule II substances include: Cannabis, Marihuana, etc.

(c) Schedule III substances include: Amphetamines, LSD, etc.

The offence also occurs when you are in possession of the preparations or derivatives of the above-listed substances. Even if you only have a small amount of the substance, you may still be charged with possession, though the exact quantity will be relevant in determining the penalty if convicted.

To establish possession, the Crown must prove, beyond a reasonable doubt, that you had control over the substance, that you knew the character of the substance, and that the substance was in fact illicit under the C.D.S.A.

Charter issues: Often in drug charges, issues surrounding infringements of the Canadian Charter of Rights and Freedoms will arise. The most prevalent of which involves violations of your right to be secure against arbitrary detention and unreasonable search and seizure.

Toronto drug offences lawyer Daniel Freudman can effectively raise these issues to ensure that your constitutional rights are protected and that you receive the best possible defence.

Potential penalty upon conviction:

(a) Possession of a Schedule I substance-
   (i) if Crown proceeds by indictment: maximum of 7 years jail
   (ii) if Crown proceeds summarily: first offence- maximum of 6 months jail + fine; subsequent offence(s)- maximum of 1 year jail + fine

(b) Possession of a Schedule II substance-
   (i) if Crown proceeds by indictment: maximum of 5 years less a day jail
   (ii) if Crown proceeds summarily: first offence- maximum of 6 months jail + fine; subsequent offence(s)- maximum of 1 year jail + fine

(c) Possession of a Schedule III substance-
   (i) if Crown proceeds by indictment: maximum of 3 years jail
   (ii) if Crown proceeds summarily: first offence- maximum of 6 months jail + fine; subsequent offence(s)- maximum of 1 year jail + fine

Trafficking, Possession for the Purpose of Trafficking [C.D.S.A. s 5]

No person shall traffic in a substance included in Schedule I, II, III or IV, or in any substance represented or held out by that person to be such a substance. Moreover, no person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III or IV.

The definition of “Trafficking” is very broad, and can include anything from selling the substance to giving it to a friend for free. Possession for the Purpose of Trafficking occurs when you have possession of the substance with an intention to traffic it. Such intention can be inferred from the quantity of drugs, the manner in which the drugs are packaged (i.e. in individual bags for resale) and if money and paraphernalia (e.g. scales) are also found.

Potential penalty upon conviction:

(a) Trafficking, or Possession for the Purpose of Trafficking a Schedule I or Schedule II substance-
     (i) Crown proceeds by indictment: maximum of 25 years jail (i.e. life imprisonment)

(b) Trafficking, or Possession for the Purpose of Trafficking a Schedule III substance-
     (i) if Crown proceeds by indictment: maximum of 10 years jail
     (ii) if Crown proceeds summarily: maximum of 18 months jail

(c) Trafficking, or Possession for the Purpose of Trafficking a Schedule IV substance-
     (i) if Crown proceeds by indictment: maximum of 3 years jail
     (ii) if Crown proceeds summarily: maximum of 1 year jail

Importing & Exporting, Possession for the Purpose of Exporting [C.D.S.A. s 6]

Except as authorized under the regulations, no person shall import into Canada or export from Canada a substance included in Schedule I, II, III, IV, V or VI. Moreover, except as authorized under the regulations, no person shall posses a substance included in Schedule I, II, III, IV, V or VI for the purpose of exporting it from Canada.

Potential penalty upon conviction:

(a) Importing & Exporting, or Possession for the Purpose of Exporting a Schedule I or Schedule II substance-
     (i) Crown proceeds by indictment: maximum of 25 years jail (i.e. life imprisonment)

(b) Importing & Exporting, or Possession for the Purpose of Exporting a Schedule III or Schedule VI substance-
     (i) if Crown proceeds by indictment: maximum of 10 years jail
     (ii) if Crown proceeds summarily: maximum of 18 months jail

(c) Importing & Exporting, or Possession for the Purpose of Exporting a Schedule IV or Schedule V substance-
     (i) if Crown proceeds by indictment: maximum of 3 years jail
     (ii) if Crown proceeds summarily: maximum of 1 year jail

Production [C.D.S.A. s 7]

Except as authorized under the regulations, no person shall produce a substance included in Schedule I, II, III or IV.

The most common examples of this offence are marihuana “grow ops”. In some of these cases, the police investigation and drug seizure occurs in a manner which violates the Canadian Charter of Rights and Freedoms, namely section 8 which guarantees your security against unreasonable search and seizure.

Toronto drug offences lawyer Daniel Freudman will raise these Charter issues with the intention to have the drugs excluded from evidence (i.e. the drugs would be inadmissible as evidence at trial, which may result in an acquittal or withdrawal of charges).

Potential penalty upon conviction:

(a) Production of a Schedule I or Schedule II substance OTHER THAN cannabis (marihuana)-
     (i) Crown proceeds by indictment: maximum of 25 years jail (i.e. life imprisonment)

(b) Production of cannabis (marihuana)-
     (i) Crown proceeds by indictment: maximum of 7 years jail

(c) Production of a Schedule III substance-
     (i) if Crown proceeds by indictment: maximum of 10 years jail
     (ii) if Crown proceeds summarily: maximum of 18 months jail

(d) Production of a Schedule IV substance-
     (i) if Crown proceeds by indictment: maximum of 3 years jail
     (ii) if Crown proceeds summarily: maximum of 1 year jail

Note: There have been some revisions to the penalties for certain drug offences, on account of the Safe Streets and Communities Act

Call Daniel For a Free Initial Consultation at 647-771-2416

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