Most drug offenses fall under the area of possession. According to the Controlled Drug and Substances Act, you cannot lawfully have prohibited drugs in your possession at any time. If drugs are found on your person or on a piece of property that you control, you can be charged with possession regardless of who the drugs belonged to.
Charges of possession may proceed as either a summary conviction or a more serious indictable offense. For first time offenders or those found with small quantities of illegal drugs, a summary conviction is more likely. However, there are a number of factors that influence how you can be charged, including: the type of drug, the quantity, the presence of violence in and around the arrest, past criminal activity and personal circumstance. Depending on these influencing factors, a drug possession conviction can lead to anything from mandatory drug treatment programs to fines or imprisonment.
Drug possession can carry heavy penalties in and of themselves, but for more serious drug offenses the penalties are far more severe. Serious drug offenses include: trafficking, possession with intent to traffic, production, importing or exporting and possession with intent to import or export.
If combined with aggravating factors such as an association with organized crime, intent to exploit children or the use of violence, a conviction for a serious drug offense most often leads to heavy fines of a few thousand dollars or imprisonment, up to and including a lifetime sentence.
Those that prosecute drug offenses are unlike other prosecutors: while most criminal offenses in Canada are prosecuted by the local provincial Crown Attorney’s office, drug prosecutions are handled by the Public Prosecutions Services of Canada. These prosecutors are more specialized in drug offenses and their experience makes it far more difficult for you to state your case in a fair and equitable way.If you have been charged with a drug offence, you need an experienced lawyer to help you state your case and navigate the often difficult territory controlled by Public Prosecutors. Call Vishal Sharma to book your consultation if you have been charged with any drug offence from simple possession to more serious drug offences.
The law surrounding marijuana possession is changing. It is likely that recreational marijuana will be legalized in Canada by July 1, 2018, at which time each province will become responsible for regulating items such as minimum legal age to purchase, legal areas for marijuana to be consumed and purchased, etc.
Sharma Law services Newmarket and surrounding areas. These areas include: Aurora, Barrie, Brampton, King City, Markham, North York, Richmond Hill, Sudbury, and Vaughan.