In addition to the Criminal Code, drug offences are primarily governed by the Controlled Drugs and Substances Act, the Cannabis Act, and the Cannabis Control Act.
While we defend all types of drug charges, some of the most common offences that people are charged which include:
- s. 4(1) of the Controlled Drugs and Substances Act: possession of drugs;
- s. 5(1) of the Controlled Drugs and Substances Act: trafficking in drugs;
- s. 6(1) of the Controlled Drugs and Substances Act: importing or exporting drugs;
- s. 8(1)(a) of the Cannabis Act: possessing more than 30 grams of dried cannabis;
- s. 8(1)(b) of the Cannabis Act: possessing illicit cannabis;
- s. 6(1) of the Cannabis Control Act: unauthorized sale of cannabis; and
- s. 12 of the Cannabis Control Act: operating a motor vehicle with cannabis unlawfully stored inside.
The Controlled Drugs and Substances Act outlines what types of drugs are illegal to possess, sell, import, or export. The laws surrounding drug offences can be complex. For example, while it may be a criminal offence to sell a particular drug or substance, it may not be an offence to simply possess it.
To prove a possession offence the Prosecutor must prove “knowledge”, “control”, and “nature of the substance”. To prove a trafficking offence, the Prosecutor must prove that the person “administered”, “gave”, “transported”, or “offered” the drug to another individual. There are very specific legal definitions for each of these terms, and the Prosecutor must satisfy the judge that the evidence collected by the police supports that the accused person possessed or trafficked the drug at issue.
Consequences of Being Found Guilty of a Drug Offence
In every case, being charged with a drug offence is always a serious criminal charge. It is important to note that a conviction for a drug related offence can lead to significant jail time and can have serious consequences for you at a bail hearing. The law surrounding drug offences is very complex, and it is impossible for us to outline all these complexities here.
At Godinho Zager LLP, our Criminal Lawyers possess extensive expertise in defending drug charges, including for: cannabis (marijuana), cocaine, fentanyl, meth, heroin, MDMA, ecstasy, ketamine, and magic mushrooms. We strive to achieve the best possible outcome for clients facing such charges. If you have been charged with a drug offence, we encourage you to contact us promptly. We offer a free consultation to discuss your situation and explore the available legal options.
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