What is Drug Possession?
The severity of a drug possession charge in Canada is determined in part by what Schedule (classification in the Controlled Drug and Substances Act – CDSA) the drug you possess falls under. A more serious offence may arise if you possess a drug listed in Schedule 1 such as Heroin, Oxycodone, and Cocaine, as opposed to possessing a drug listed in Schedule 2, such as Cannabis. That said, other factors come into play such as the quantity of the drug found etc.
For the Court to find that you possessed a drug, the Prosecutor must prove that you had knowledge and control of the drug seized. Therefore, drug possession cases are often if not exclusively based on searches of the person or property.
Although you are entitled to now possess marijuana, there are limits! Go over the limits, and you could be charged.
How much jail time am I facing for possession of a narcotic?
Penalties for drug possession are largely dependent on the type of drug and quantity of the drug seized. For example, the maximum term of imprisonment for possession of cocaine is seven years. I can further explain the penalties you are facing.
What to do if you’re charged with Drug Possession?
Since drug possession cases are often based on searches of the person or property, your rights under the Charter of Rights and Freedoms (Charter) are engaged. I have experience in in protecting your right against unreasonable search and seizure. This may involve having the drug evidence excluded from the Prosecutor’s case.
There is a time and place to tell your side of the story. This time and place IS NOT THE POLICE STATION. You have a right to remain silent and speak with a lawyer. Do so!
You may qualify for Legal Aid: See Legal Aid Ontario Information.
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