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Criminal Law

Drug Offences

Most drug offences 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 offence. 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.

Serious Drug Offences

Drug possession can carry heavy penalties in and of themselves, but for more serious drug offences the penalties are far more severe. Serious drug offences 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 offence most often leads to heavy fines of a few thousand dollars or imprisonment, up to and including a lifetime sentence.  

Those that prosecute drug offences are unlike other prosecutors: while most criminal offences 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 offences 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. 

Marijuana 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. 

Marijuana possession is currently an illegal schedule II drug and, until the law goes into effect, it remains illegal. As such, possession of marijuana carries the same possibilities for fines and imprisonment as other illegal drugs, in accordance with the Controlled Substances Act.

Those that prosecute drug offences are unlike other prosecutors: while most criminal offences 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 offences 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. 

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