Drug Offences

Drug offences are covered under the Controlled Drugs and Substances Act. There are basically 5 types of drug offences commonly seen in the courts; Possession, Possession for the Purpose of Trafficking, Trafficking, Production, and Importing. The penalties for the various offences depend on the type of drug involved as well as the amount. the involvement of weapons also has an effect on sentencing.

Possession

Simple possession involves and allegation of having a quantity of a controlled drug for your own use. Often if a small amount is found or if there is a problem in proving a trafficking purpose the charge will be laid as simple possession.

Possession for the Purpose of Trafficking

This charge involves possession of a substance where the authorities feel that the individual was going to sell them to another but they did not observe the sale. Typically the police will have to find a larger amount of the substance combined with other items that suggest possession for sale, such as scales, large sums of money, separate packaging, debt lists, etc. The range of punishment for this charge is the same as for trafficking and varies greatly depending on the substance.

Trafficking

This charge is typically laid only if there is an observed transaction. Trafficking is the exchange of drugs for compensation, money does not have to change hands for this charge to be made out.

Production

Production involves the making or growing of a substances whish is listed in a schedule of the controlled drugs and substances act. This could be a marijauna grow-op or a methamphetamine lab. Sentencing for production can be extremely harsh.

Importing

Importing involves the bringing of a controlled substance into the country, commonly referred to as smuggling.

Charter arguments are very common in drug cases as often search warrants are obtained and the information used to obtain the warrants needs to be reviewed carefully to ensure that the warrant was obtained properly

Sentencing

Sentencing for drug offences varies greatly depending on the specific charge, substance, and the circumstances surrounding the arrest. In addition to the penal consequences for a number of drug offences personal property can be seized by the authorities, such as houses, cars, phones, computers, etc.

 

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  DISCLAIMER: The information on this site is not intended as legal advice. If you have a legal problem, you should seek legal advice from a lawyer.

 

Copyright 2009 Brendan Neil

Providing Criminal representation in south central Ontario including; Oakville, Burlington, Milton, Brampton, Mississauga, Hamilton, Toronto, Guelph, Kitchener, Waterloo, Cambridge, and surrounding areas for all Criminal Code and Controlled Drugs and Substances Act Offences

Brendan Neil, Criminal Trial Lawyer, Drug Offences

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