Drug Charge Lawyer Toronto

While drug charges are not governed by the Criminal Code of Canada, drug possession is still a serious offence. A conviction can affect your entire life and future opportunities. Securing a skilled drug lawyer is an important step to fighting your drug charge.

What is drug possession?

Being charged with drug possession means that you were unlawfully possessing a controlled drug or substance listed in the Controlled Drug and Substances Act (CDSA). Section 4(1) of the CDSA makes it a criminal offence to possess a Schedule I, II, or III drug. If you are caught possessing any of the illicit drugs, then depending on the drug and its quantity, you will face criminal charges and, in some cases, you will even face imprisonment.

What does “possession” mean?

Essentially, possession means that you have both knowledge and control of the drug or substance. It does not matter whether the drugs are actually yours or not. Knowledge means that you had actual knowledge of the drugs and knew what they were or even that you were willfully blind to their existence. Control means that you had the ability and opportunity to exercise some measure of control over them.

The Crown must prove these elements in order to secure a conviction. Knowledge and control can be proven in different ways, and drug possession cases are not always clear-cut. A drug crime lawyer for drug possession lawyer can properly assess your case and explain to the court that these elements are absent. Furthermore, a drug possession lawyer can also determine whether the drugs were seized in accordance with the law and can potentially argue that your Charter rights were violated— maximizing your chance of success.

You can be charged for possessing:

Schedule I drugs, such as heroin and cocaine;
Schedule II drugs, such as cannabis derivatives (note that possession of marijuana is no longer a crime under a certain amount); and/or
Schedule III drugs, such as LSD and mescaline.

Consequences if found guilty

Due to the dangerous nature of drugs, drug possession sentences can be very serious and lengthy, depending on the type of drug and how the Crown proceeds.

For Schedule I, II, and III drugs, the penalty upon summary conviction is the same: You may face a fine not exceeding $1000 or a maximum imprisonment sentence of six months, or both (for the first offence), or you may face a fine not exceeding $2000 or a maximum imprisonment sentence of one year, or both (for the second or subsequent offence).

If proceeding by indictment, you could face a maximum sentence of seven years’ imprisonment for Schedule I drugs. For Schedule II, the maximum sentence is five years less a day. For Schedule III, the maximum sentence is three years.

A lawyer can help you better understand the available sentences for your charge, and they can work tirelessly to obtain the best possible outcome in the circumstances.

It’s vital to hire a lawyer for drug cases

Being charged with even simple drug possession can be a nerve-wracking experience, especially if this is your first criminal charge. It is important to seek professional advice from a lawyer for drug trafficking cases about your rights from the beginning.

A lawyer can also do much more. They can:

Work to secure your release with the most favourable conditions;
Help you navigate the criminal justice system;
Ensure that the Crown meets its disclosure obligations;
Identify systematic or administrative errors in the criminal process, including Charter rights violations;
Speak to the Crown on your behalf, negotiate, and advise you of your options;
Assess all the evidence against you and build a strong defence, so the charges are withdrawn or you are acquitted;
Gather further evidence to support your version of the events;
Obtain a more lenient sentence in the event a guilty plea or conviction is entered.

All criminal cases are complex and fact specific. We have provided general information about how drug possession cases are handled. Hiring a lawyer for drug charges provides your best chance at mounting a successful defence. Retaining one holds particular importance in drug possession cases, as they involve search and seizures that could infringe on your rights. For more information about how we can help, please contact our team.