Drug Offences
Drug offences are dealt with primarily under the Controlled Drug and Substances Act. This Act makes illegal the Production, Possession or Trafficking of prescribed drugs and other controlled substances. A conviction of any of these offences could result in severe penalties.
The likely possible penalties for a drug offence conviction depend on the type of drug, the quantity of the substance and the alleged purpose for its possession. A conviction for Trafficking, Production, or Possessing for the Purpose of Trafficking will usually result in a harsher penalty than for simple Possession.
All illegal drugs and controlled substances are classified as Schedule I, II, III, IV,and V, depending on their perceived harm on users and society. Schedule I substances (e.g., cocaine, heroin) carry the harshest penalties, whereas Schedule V substances carry the lowest penalties. Marijuana has been classified as a Schedule II drug.
In many cases, individuals find themselves charged with a drug offence in circumstances they didn’t believe to be criminal in nature. For instance, actual knowledge is not required for a person to be convicted of most drug offences. A person could be convicted of a drug offence simply for suspecting that drug activity is going on if the other elements of the offence have been established. Deliberate ignorance is no defence to a drug charge.
Drug offences can be complicated and it is critical that you retain an experienced lawyer to defend your rights. If you have been charged with any drug offence, contact us immediately for a free consultation.
Trafficking Drugs or Controlled Substances
The Criminal Code defines Trafficking quite broadly. It includes selling, administering, giving, transferring, transporting, sending or delivering illegal drugs or controlled substances, or offering to do any of these things. Trafficking can be anything from selling drugs to simply giving someone a drug. Sharing a hit of an illegal drug with another person is also Trafficking.