Did you know that certain criminal offences are not covered by the Criminal Code? Drug offences in Ontario and Canada are covered by the Controlled Drugs and Substances Act.
There are a number of drug offences which are common in the courts, such as:
- Possession of a Controlled Substance;
- Possession for the Purpose of Trafficking;
- Trafficking a Controlled Substance; and
- Production of a Controlled Substance.
By far the most common drug charge is possession of a controlled substance. You can be charged with this offence if you are in possession of any form of a controlled substance which is listed in the Schedules to the Act. It is important to note there are not only recreational drugs, such as cocaine, methamphetamine, or psilocybin (magic mushrooms) but also prescription drugs which require a prescription from a licenced medical practitioner to possess listed in the Schedules of the Act. If you are in possession of a drug listed in the Schedules when you are not permitted to do so you can be charged by the police.
In certain circumstances, the police and Federal Crown Attorneys may opt to pursue possession for the purpose of trafficking against an individual if they believe you are in possession of the drugs for reasons other than personal consumption. Factors which may lead the police to this conclusion may include:
- Possession of weight devices, such as scales;
- Numerous small packaged amounts of drugs;
- Debt lists;
- Multiple cell phones; and
- Large sums of currency
The offence of trafficking a substance can be as complicated as a large-scale drug distribution organization, but it may be as innocuous as simply offering to give another person drugs for free.
The Federal Government is currently in possession of transition on how they have traditionally viewed drug offences. It is becoming clearer that the hard approach of penalizing offenders who simply possess drugs is not reducing use, and there has been a shift toward rehabilitation and prevention of use. In contrast, the courts are now sending a much stronger message to those who traffic or manufacture drugs. Long penitentiary sentences are routinely given by the courts to those who commit these offences, especially when the drug involved are powerful opioids such as fentanyl.
There are a wide range of penalties for simple possession of a substance such as diversion or a criminal disposition which can be removed from your record in a number of years to long periods of incarceration or jail for trafficking or production offences. There are also collateral consequences which may be applicable such as weapons prohibitions, DNA orders, and probation orders.
If you are convicted of any drug offence, even possession of cannabis or marihuana, it may prevent you from entering another country, including the United States. It may also complicate your employment situation or prospects.
If you are charged with a drug offence in Ontario it is always recommended you seek advice from a lawyer. The lawyers at X-Copper Law Firm are experienced in defending all forms of drug offences in Canada. Please give us a call to discuss your matter.
