Drug possession
(Importing and trafficking)

DRUG POSSESSION – INFORMATION FROM LEADING DRUG CHARGE LAWYERS

A drug possession conviction, even for a relatively minor offence or a relatively small amount of drugs, can result in a fine, jail time, and a criminal record.

A drug offence is codified into the Controlled Drugs and Substances Act in Canada. Possession, trafficking, production, and importation of any drug that falls under its control are illegal under the Act. If you are convicted of a drug crime, you will suffer harsh penalties as well as be prohibited from traveling to the United States.

Cocaine, marijuana, heroin, and ecstasy are among the drugs that are prohibited by the Controlled Drugs and Substances Act. If you have been charged with drug possession or trafficking, please schedule an appointment with the drug charge lawyers at SC Criminal Defence by calling (647) 561-4020.

DRUG OFFENCE TYPES EXPLAINED BY AN EXPERIENCED DRUG LAWYER TORONTO

Under the CDSA, there are a variety of drug possession and drug trafficking charges that can be brought against a person. Below is a list of each offence.

Possession of a prohibited substance

CDSA prohibits the possession of certain drugs. It is possible for someone to be in possession of an item in a number of ways. According to the CDSA, a person may be in possession of an item in different ways according to Section 4(3) of the Criminal Code. When an item is in an individual’s actual possession, it is deemed to be in their possession. If a person knowingly has an item in the actual possession of another person or if they store it in a place for their own or others’ use, then that person will be in possession of the item. The prosecutor must prove not only that the accused was in possession of a prohibited drug, but also that he knew he had it.

Possession of a prohibited substance for the purpose of trafficking

According to this offence, you are alleged to be in possession of drugs that are not for your personal use. According to the charge, you intend to traffic the substance. Trafficking is defined under Section 2 of the CDSA as: to sell, administer, give, transfer, transport, send or deliver the substance, and to sell an authorization to obtain the substance. Lastly, trafficking covers situations in which a person offers to do anything listed above. An expert witness is often called to testify in a prosecution for this type of offence about whether the amount of drugs is consistent with personal use.

Trafficking in a Substance

Trafficking in prohibited drugs is against the law. It is punishable by a discharge or life in prison. In the CDSA, the term trafficking does not only refer to sales of drugs, but also includes other activities included in the definition.

Importing

In accordance with the CDSA, drugs listed in the Schedules I through VI cannot be imported into Canada. The moment drugs are imported into Canada, the offence of importing is complete. As long as the Prosecutor can prove the accused knew they imported a prohibited drug into Canada, then the Prosecutor has proven its importation. Therefore, the fact that an accused thought they were importing marijuana is not a defence to a charge of importing cocaine.

Production

According to the CDSA, none of the substances listed in Schedule I – IV* can be produced. By produce we mean obtaining the substance through any method or process. In addition, any method of altering a substance’s properties, such as synthesis or manufacturing, falls under this category. As part of the production process, the substance must be cultivated, propagated, and harvested, as well as any living thing that may be extracted from the substance. A prosecution for production requires that the prosecutor prove that the accused grew the prohibited drug, knew that it was a prohibited drug, and produced it.

If you have been charged with drug possession or trafficking, you have a number of defences to explore, including requests to exclude evidence under the Alics. Prior to deciding how to proceed, it is essential you have your case reviewed by an attorney/drug charge lawyer.

You can schedule an appointment with Toronto criminal lawyer SC Criminal Defence by calling (647) 561-4020.