What Are Drug Offences?
Drug charges are governed by the Controlled Drugs and Substances Act (CDSA), and fall under the category of Criminal Law in Canada.
The most common types of drug offences under the CDSA are:
- Drug possession;
- Drug possession for the purpose of trafficking;
- Drug trafficking;
- Drug production; and
- Drug importation
Simple Possession Charges
Under section 4(1) of the CDSA, simple possession of any of the drugs and narcotics listed in Schedules I, II and III of the CDSA is an offence unless the person is authorized to be in possession by the regulations.
Possession for the Purpose of Trafficking Charges
Under section 5(1), it is an offence to traffic in any of the scheduled substances and under section 5(2), it is an offence to be in possession for the purpose of trafficking.
The Schedules within the CDSA define what drugs are prohibited. Schedule I – includes the most dangerous drugs and narcotics, such as phencyclidine, heroin and cocaine. Schedule II – used to list cannabis and its derivatives, however most of this law has been repealed since Cannabis became legal in Canada. Schedule III – includes many of the more dangerous drugs such as lysergic acid diethylamide (LSD).
Consequences for Drug Charges
Depending on the type of drug charge, the maximum penalties range from 7 years to life in prison. However, there are other ways of resolving these charges, that result in minimum to no jail time.
Some drug offences may be resolved by way of a fine.
Other drug offences may be resolved by way of the Drug Treatment Court Program.
The point is, depending on your charge, there are a number of ways to resolve your matters without going to jail.
How Can Shory Law Help?
Our criminal defence lawyers have years of experience studying and practising in this area of law. We will communicate with the Police, the Crown, and the Court on your behalf, to ensure the best resolve of your case, in an effective and efficient manner.
If you have been charged with drug offences, come see one of the lawyers at Shory Law. Let our knowledge and experience guide you and let us help you navigate through the Criminal Justice System.
There are numerous ways to resolve your charges, including having the charges:
- Withdrawn or Stayed;
- Dealt with through the Drug Treatment Court Program;
- Dealt with by way of a fine;
- Dealt with through Probation; and
- Dealt with a short jail sentence.
Every client is our priority, and we will work closely with you to resolve your charges in the best way possible. In dealing with your charges our top priorities are:
- To avoid a jail term;
- To avoid a Criminal Record; and
- To avoid negative immigration consequences.
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What is the penalty for drug possession in Canada?
Depending on the type of drug charge, the maximum penalties range from 7 years to life in prison.
Can you be charged for selling drugs in the past?
Yes, you can get charged for committing a crime in the past.
What are the types of drug charges?
The most common types of drug offences under the Controlled Drugs and Substances Act (CDSA) are; drug possession, drug possession for the purpose of trafficking, drug trafficking, drug production, and drug importation.
What is the Controlled Drugs and Substances Act Canada?
This Act, commonly referred to as the “CDSA” respects the control of certain drugs, their precursors, and other substances. Usually if a person is charged with a drug offence, they will be charged with an offence under the CDSA.