Drug Possession Lawyer Toronto

Andrew Captan is an experienced Drug Offence Lawyer and Drug Possession Lawyer Toronto.  Visit his website HERE for a FREE consultation regarding your Drug Offence matter in Toronto.

Drug offences are set out in the Controlled Drugs and Substances Act (CDSA), which is a federal law that creates offences and penalties relating to Drug related offences in Canada.  The CDSA classifies drugs into four different schedules – Schedules I – IV.  Schedule III and IV drugs being considered less dangerous than Schedule I and II drugs. 

There are four main groups of Drug Offences in Canada:

1. Possession:    It is illegal to possess controlled substances, such as marijuana, cocaine, heroin, methamphetamine, etc. 
2. Trafficking:  It is illegal to sell, distribute or transport controlled substances. It is a serious offence that can result in significant penalties, including imprisonment. T
3. Production: It is illegal to produce controlled substances.
4. Importing/exporting:  It is illegal to import controlled substances into Canada.

If you’ve been charged with a Drug Offence in Toronto, you’ll be well advised to consult with a Drug Offence Lawyer Toronto or Drug Possession Lawyer Toronto.  Penalties for drug offences in Canada can include fines, jail, asset forfeiture, and other consequences.

The severity of the penalties depends on various factors, including the type and quantity of drugs involved, the offender’s role in the offence, and the offender’s criminal history.

What are the Scheduled for Drug Offences in Canada?

Below is a list of the drug schedules and examples of some of the controlled substances found under each schedule:

• SCHEDULE I – Cocaine, fentanyl, heroin, morphine, methamphetamine, and amphetamines.
• SCHEDULE II – Cannabis its preparations and derivatives, such as Hashish.
• SCHEDULE III – Lysergic Acid Diethylamide and Psilocybin
• SCHEDULE IV – Barbiturates and steroids

Regardless of which schedule the drug in question falls within, you are at risk of a criminal record based on the charge(s) you are facing.   Speak to a Drug Offence Lawyer Toronto about strategies to defend your charges, including challenging whether the prosecutor can prove that the substance in question is, in fact, a substance listed within one of these Schedules!

What is Drug Possession?

It is illegal to possess a controlled substance listed within Schedules I – IV.  Possession of a controlled substance involves having both knowledge and control of the item in question.  The substance can be possessed on one’s person or be contained or held elsewhere (known as constructive possession).  An experienced Drug Offence Lawyer Toronto can review your disclosure and determine whether there are any issues regarding the prosecutor being able to prove the “knowledge” and “control” elements.

Penalties for drug possession will vary depending on the type and quantity of drugs involved, the circumstances of the offense and the circumstances of the offender. Possession of Schedule III and IV drugs for personal use is typically punishable by fines, community service, and/or mandatory drug treatment programs. Possession of drugs listed in Schedule I and II usually results in more severe penalties, such as imprisonment, even for first time offenders.

What is Diversion for Drug Possession?

Canada has taken a harm reduction approach to drug policy in recent years.  This has led to the implementation of certain measures that stray away from the crime control model of the past.  Some of these measures include safe injection sites, naloxone distribution programs, and diversion programs for individuals charged with drug offences.

Diversion is a process by which a case is diverted from the standard criminal court process into another stream, usually resulting in a withdrawal or stay of charges after the accused person completes certain tasks up front, such as counselling.

If you’ve been offered diversion, consult with a Drug Possession Lawyer Toronto to see whether there are any other options that might be advantageous to you.

What is Drug Trafficking?

Drug trafficking in Canada is a serious criminal offence found under the CDSA. 

Drug trafficking prohibits the distribution, sale, or transportation of drugs listed in the CDSA.  This can include a wide range of activities, even sharing drugs with another person.

Penalties for drug trafficking in Canada are severe, and depend on factors such as the type and quantity of drugs involved, the offender’s criminal history, and the circumstances of the offense.

Drug trafficking charges in Canada are treated seriously by courts and law enforcement, who dedicate resources to control the behaviour.  The view is that drug traffickers prey on vulnerable members of society, such as drug addicts, for profit.    Often, police will engage in a wide variety of enforcement tactics, including using surveillance and under cover cops.   

What is Drug Importation?

Drug importation in Canada is regulated under the Controlled Drugs and Substances Act (CDSA), which prohibits bringing drugs into Canada from another country.  Penalties for importing substances into Canada are the most serious of the four types of Drug Offences.  If you’ve been charged with Importing a controlled substance, you are at risk of facing “double digit” jail sentences and are in need of an experienced Drug Offence Lawyer Toronto.

Are there Minimum Jail Sentences for Importing Drugs?

There is mandatory minimum jail sentence for importing and exporting drugs, or possession for the purpose of importing or exporting.  The minimums are:

•  1 year for both Schedule I and Schedule II drugs
•  2 years for Schedule 1 substances that exceed 1 kg in weight

What is Drug Production?

Drug production offenses in Canada prohibit the cultivation, manufacturing, or production of drugs listed in the CDSA. 

What are Defences to Drug Charges in Toronto?

There are a wide range of potential defences to Drug Offences, such as:

• Establishing a lack of knowledge or control of the drug
• Establishing a lack of intent to distribute (for Possession for the Purpose of Trafficking offences)
• Challenging the validity of a search warrant
• Establishing that one or more of the accused’s Charter rights were violated in the prosecution or arrest
• Establishing entrapment (for drug trafficking incidents with undercover officers)
• And more

Drug charges can be highly technical to defend, which is why you should consult with an experienced Drug Offence Lawyer Toronto or Drug Possession Lawyer Toronto.  A lawyer can review your disclosure and provide advice on how to best respond to the allegations being made by police. 

Andrew Captan – Drug Possession Lawyer Toronto

Andrew Captan is an experienced Drug Offence Lawyer Toronto who can help defend any Drug related charge that you are facing.  For a FREE legal consultation, call (647) 878 – 6355 or visit his website HERE.  He provides an honest take on your case without “sugar coating” things, so you are fully aware of what your rights and options are, as well as your legal jeopardy.