If you are apprehended for the production, possession, or trafficking of illegal drugs or controlled substances in Canada, you will likely receive criminal charges in accordance with the Controlled Drugs and Substances Act.
As criminal defence lawyers, we want to advise you that you don’t have to make any statements to the police, as they may use anything you say against you. Always remember that you are presumed innocent until proven guilty. Do not give up and enter a guilty plea to drug-related charges. Instead, contact an experienced lawyer to help prevent a conviction.
Types of Drugs That Can Result in Criminal Charges
Drugs are classified as “hard drugs” or “soft drugs.” Hard drugs are characterized by their highly addictive nature and the fact that an overdose of these drugs will often result in death. Charges and penalties related to hard drugs tend to be more severe than comparable crimes involving soft drugs.
Here are some common examples of hard and soft drugs:
|Hard Drugs ||Soft Drugs |
|Cocaine (coke), Crack Cocaine ||Ecstasy (MDMA) |
|Heroin ||Diazepam (Valium) |
|LSD ||Marijuana |
(meth, speed, uppers, bennies, black beauties, etc.)
|Magic Mushrooms |
|Secobarbital || |
|Opium || |
|Mescaline || |
|Morphine || |
Possession, Trafficking, Production, and Other Common Drug Charges
Drug-related charges include:
- Possession of a Prohibited or Controlled Substance
- Possession of a Controlled Substance for the Purposes of Trafficking
- Trafficking in a Prohibited or Controlled Substance
- Producing, Cultivating, or Growing a Controlled Substance
- Importing, Exporting, or Possessing for the Purpose of Exporting a Controlled Substance
Penalties for Marijuana Possession
Drug charges depend on many factors, such as the type of drug, the quantity, and the alleged purpose of use. The penalty for possession of small quantities of soft drugs are generally not severe but nevertheless result in a criminal record. The maximum penalty for possession of marijuana is a $1,000 fine and six months in jail. Trafficking in marijuana can result in a five-year prison sentence, and the maximum sentence for cultivating marijuana is seven years in prison.
If you are faced with a charge of the production, possession, or trafficking of drugs, don’t limit your options. Even a simple marijuana possession charge can give you a criminal record that can affect your mobility for the rest of your life.
Possible Defences for Drug-Related Crimes
A good lawyer can often utilize a valid defence according to your particular case and your circumstances. For example, you have the right to be secure against unreasonable search and seizure, as per Section 8 of the Charter of Rights and Freedoms. Other effective defences might include the validity of a search warrant, reliability of witnesses, and just cause for wiretap authorizations.
At Kruse Law, we emphasize the need for rehabilitation, and we work to convince the Crown that rehabilitation is made more difficult when individuals are burdened by the stigma of a criminal record. With the right defence, it may even be possible that charges against you will be dropped.
With our help, many drug traffickers have been given a new lease on life and were able to turn themselves around and become law-abiding citizens. Without expert counsel, most drug traffickers are sent to jail, usually for anywhere from nine months to about two years, if they are first-time offenders. The actual sentence depends on the circumstances, such as the amount and types of narcotics, how sophisticated the operation is, and how long it has operated.
When consulting with a criminal lawyer, it is important to be prepared to answer a number of questions, such as the circumstances of the charges, the strength of the case, what the Crown will need to prove guilt, any statements that you may have released, any possible defences, and also whether you are a Canadian citizen.
Contact us today to set up a free, confidential initial consultation. We can give you an honest assessment of your case and advise you on the best course of action.