Drug Defence Lawyers in Toronto

Hard drugs refer to drugs of a highly addictive nature that could cause the user to overdose or risk death. Some examples of hard drugs include: cocaine, crack cocaine, heroin, LSD, amphetamines, opium, mescaline and morphine. Some soft drugs include: ecstasy, diazepam (or Valium) and magic mushrooms. Due to the risks surrounding hard drugs, a charge relating to hard drugs may result in a punishment that is more severe than if the charge was related to soft drugs. However, the quantity of drugs found is also an important factor in determining the severity of punishment, as the larger the quantity, the lengthier the sentence may be.

The Firm has a proven record of successfully resolving complex drug offences. In its R. R. [2015], the Firm resolved charges related to possession of cocaine without a criminal record. The Firm has also been retain in advance of arrests where the accused suspects they are communicating with undercover police.

Under the Controlled Drugs and Substances Act, hard and soft drugs are categorized under several schedules ranging from the most dangerous and addictive, to those that are less harmful or addictive. Some drugs contained in Schedule I include: Opium, Codeine, Morphine Oxycodone, and Fentanyl. Schedule II contains cannabis and its derivatives, and Schedule III includes substances such as LSD or magic mushrooms.

According to S. 4(3) the Criminal Code of Canada, a person will be deemed to have possession when he has the drugs or substances in his own personal possession, or knowingly has them in the actual possession or custody of another person, or has them in any place, whether or not it belongs to or is occupied by him, that he uses for the benefit of himself or another person. Essentially, there are 2 main elements of the offence: knowledge and control. The individual must be aware of the drugs being in possession, as well as have at least some measure of control over the drugs that are being possessed.

Furthermore, where there is 1 person out of a group 2 or more people who, with the knowledge and consent of the rest, has drugs in his custody or possession,  the drugs will be deemed to be in the custody and possession of each and all of those persons.

The penalties for possession of drugs may vary on a case by case basis. As possession of drugs is a ‘hybrid’ offence, the Crown may choose to deal with the case as a summary offence or as an indictable offence. For a summary conviction:

• The penalties could involve a maximum penalty of a fine of up to $1,000 and/or up to 6 months in prison (where it is the accused’s first offence)
• Or a maximum fine of $2,000 and/or up to 1 year in prison (where it is not the accused’s first offence).

For the possession of more serious drugs such as cocaine or heroin, the Crown may prosecute the case as an indictable offence. This means that the Crown will be more likely to seek a jail sentence, even if it is the accused’s first offence. For possession of drugs under Schedule I, the individual will face a maximum sentence of 7 years, while Schedule II and Schedule III carry maximum sentences of 5 years less a day and 3 years respectively.

Having a complete understanding of the Elements of the Criminal Offence, Your Rights and the Consequences associated with a Criminal Record is necessary before any legal decisions are made.

Global News Morning Show: Sentencing Arguments in Assault case of Dafonte Miller.

Breakfast Television: Role of Mental Health in Court Proceedings.

Global News National: Bruce McArthur will not serve consecutive sentences – here’s why.

CBC Radio: Interview with Mayor John Tory and Jordan Donich on CBC Radio.

CTV News National: Handgun ban supported by majority of Canadians: Nanos survey.

Global News: Should Canada ban Handguns? Debate stirs after Danforth shooting.

Global News: How difficult is it to get a legal handgun in Canada.

Frequently Asked Questions

What are the Drug Related Offences?
When Can Possession of Cannabis Result in a Drug Offence?
The Cannabis Act
Young Offenders and Cannabis
Can I Grow Cannabis in my Home?
What is Drug Trafficking?
What are the Penalties for Drug Trafficking?
Production of Drugs and Substances
What are the Penalties for Production of Drugs and Substances?
Importing and/or Exporting Drugs in Canada
What Other Factors Will the Court Consider During Sentencing for a Drug Offence?

Additional Resources

Assault
Assaulting a Peace Officer
Sexual Assault Law in Canada
Consequences of a Criminal Record
Domestic Abuse
First Offenders
Immigration Consequences
Keeping Charges Private
Travel & US Waivers
Vulnerable Sector Screening
Elements of a Crime
Your Rights

What are the Drug Related Offences?

Drug related offences include:

• Possession of a prohibited or controlled substance
• Possession of a controlled substance for the purpose of trafficking
• Trafficking a prohibited or controlled substance
• Producing, cultivating or growing a controlled substance for the purpose of trafficking, importing, exporting
• Possession for the purpose of exporting a controlled substance

When Can Possession of Cannabis Result in a Drug Offence?

Although the possession of cannabis is no longer considered a crime in Canada, there are certain limits on who may buy and use cannabis, and how much cannabis a person may possess in public at any time. In Ontario, the minimum age for the legal use and possession of cannabis is 19 years of age. An individual over the age of 19 may only possess up to 30 grams (around 1 ounce) of legal cannabis at any time. 1 gram of dried cannabis is also equivalent to:

• 5 grams of fresh cannabis
• 15 grams of edible cannabis products
• 70 grams of liquid cannabis products
• 25 grams of cannabis concentrates (either in solid or liquid form)
• 1 cannabis plant seed

Where an individual is in  possession of cannabis exceeding the legal limit of 30 grams, they may face monetary fines, or up to 5 years in prison for particularly large amounts.

The Cannabis Act

The Cannabis Act lays out the regulations for the sale, possession, production and distribution of cannabis in Canada. Possession, production, distribution and sale of cannabis beyond what the Act allows is illegal and could result in penalties such as ticketing and facing up to a maximum penalty of 14 years’ imprisonment.

The Cannabis Act  also prohibits products that are appealing to the youth, any packaging or labelling that is appealing to the youth, selling cannabis through self-service displays and/or vending machines, as well as the promotion of cannabis or paraphernalia unless authorized by the Act.

Youth (Under 19 Years of Age)  and Cannabis

The federal minimum age for the possession of cannabis in public is 18 years of age, and 19 years of age in Ontario. In Ontario, an individual must be 19 or older to legally buy, use, possess or grow recreational cannabis. If an individual is under the legal age and is found possessing cannabis, they may face charges for possession or distribution (depending on the quantity of cannabis) and will be processed under the Youth Criminal Justice Act.

Can I Grow Cannabis in My Home?

In Ontario, it is legal to grow up to 4 cannabis plants per residence if:

• The individual growing the cannabis is 19 years or age, or older
• The cannabis is for personal use only
• The starting material was purchased from the Ontario Cannabis Store or another authorized retail store
• It is permissible under the rules of the individual’s lease agreement or condo rules.

Growing cannabis for the purpose of sale is forbidden, unless you are properly licensed by Health Canada.

What is Drug Trafficking?

According to the Controlled Drugs and Substances Act, ‘trafficking’ means to sell, administer, give, transfer, transport, send or deliver the substance, to sell an authorization to obtain the substance, or to offer to do any of the above, otherwise than under the authority of the regulations.

What are the Penalties for Drug Trafficking

A finding of trafficking drugs/substances under Schedules I and II may result in a maximum punishment of life in prison, and a minimum punishment of 1 year imprisonment. If the accused was in possession of more than 1 kilogram of a Schedule I drugs for the purpose of trafficking, they may face a maximum punishment of life in prison and a minimum punishment of 2 years imprisonment. However, the severity of the punishment will vary on a case by case basis, depending on the specific circumstances of the case.This may include the nature of the substances that are being sold, the quantity of substances found in the accused’s possession and the accused’s prior criminal record (if any). For trafficking in drugs/substances found in Schedule III, the accused could be charged with a summary offence or an indictable offence. The accused may face imprisonment for up to ten years under an indictable offence, or up to 18 months if the case is processed summarily.

Production of Drugs and Substances

Under the Controlled Drugs and Substances Act, production of drugs is illegal. ‘Production’ refers to:

• Obtaining the substance by any method or process including, manufacturing, synthesizing or using any means of altering the chemical or physical properties of the substance, or
• Cultivating, propagating or harvesting the substance or any living thing from which the substance may be extracted or otherwise obtained
• Offering to produce any drugs/substances

What are the Penalties for Production of Drugs and Substances?

A person who engages in the production of Schedule I drugs may face up to a maximum punishment of life in prison and a minimum punishment of 2 years in prison. However the minimum punishment could be increased to 3 years where the following factors listed in S. 7(3) of the Controlled Drugs and Substances Act occurs:

• The accused used real property belonging to a third party in committing the offence
• The production constituted a potential health or safety hazard to persons under 18 years of age who were on the production site or immediate area
• The production constituted a potential public safety hazard in a residential area
• The person set or placed traps or other devices that are likely to cause death or bodily harm to another person in the site of production or in the immediate area, or permitted such a traps or devices to remain

A case relating to the production of Schedule II drugs could result in life imprisonment and a minimum punishment of 1 years’ imprisonment where the production was for the purpose of trafficking, or 18 months if production was for the purpose of trafficking and also engaged the factors illustrated in S.7(3).

For the production of Schedule III drugs, an individual may face a maximum of 10 years imprisonment under an indictable offence, or be dealt with summarily for up to 18 months of imprisonment.

Importing and/or Exporting Drugs in Canada

Importing and/or exporting drugs under Schedules I and II may result in a maximum punishment of life imprisonment and a minimum punishment of 1 years’ imprisonment. If the accused was in possession of more than 1 kilogram of Schedule I drugs/substances for the purpose of importing/exporting, they may face a maximum punishment of life imprisonment  and a minimum punishment of 2 years imprisonment. For trafficking in drugs found in Schedules III, the accused could be charged with a summary offence or an indictable offence. Under an indictable offence, the accused may face imprisonment for up to 10 years, or up to 18 months if the case is processed summarily.

What Other Factors Will the Court Consider During Sentencing for a Drug Offence

If the offence does not carry a minimum punishment, there are a number of aggravating factors the court may take into account during the sentencing stage. Some examples include:

• Whether the individual carried, used, or threatened to use a weapon in the course of the offence
• Whether the individual used or threatened to use violence
• Whether the individual possessed drugs for the purpose of trafficking, in or near a school, on or near school grounds or any other public grounds frequented by persons under 18 years of age
• Whether the individual trafficked substances to individuals under the age of 18