There are four types of drug offenses in Canada: simple possession, production, trafficking, and possession for the purpose of trafficking. While the vast majority of drug offenses in Moose Jaw revolve around the use of cannabis, we see plenty of cases revolving around “harder” substances like heroin, methamphetamines, cocaine, crack, and more.
Drug charges are governed by the Controlled Drugs and Substances Act (CDSA).
Drug offenses could result in years of prison time. Even a simple possession charge is a very serious matter.
Simple Possession
Possession requires you to have had both knowledge and control of any controlled substance. There are three types: actual possession, constructive possession, and joint possession. Actual possession describes a drug that you were carrying on your person. The other type describe drugs that are kept at another place or with another person with your knowledge and consent, either for your benefit or for the benefit of another.
Most individuals who are convicted of possession receive the charge after a traffic stop where police officers see signs of drug use, smell evidence of the drug’s presence, or see the drugs in the car.
Penalties for possession include a maximum of 6 months in jail for a first offense, as well as a maximum fine of $1000. A second offense could mean a one year jail sentence and a fine of up to $2000.
If the amount of drugs in your possession was very small, then you may be able to complete an Alternative Measures program. These programs are designed to address and treat drug use so that you can avoid a criminal record. If this option is not available to you there are other defence strategies we can try.
Drug Production Charges
Production charges apply to individuals who manufacture or cultivate controlled substances.
It doesn’t matter if you were producing the drug with intent to sell or if you were producing it for your own use. The mere act of being involved in the production process can result in criminal charges.
Penalties vary depending on the type of drug you are accused of producing. Schedule I substances can result in a life sentence, and carries a mandatory minimum of two years. Other substances can carry up to a ten year sentence, with a mandatory minimum of one year in prison. Mandatory minimums can be increased in the presence of certain aggravating factors.
There are multiple methods we can use to defend your case.
Possession for the Purpose of Trafficking
To prove possession for the purpose of trafficking, the Crown must prove two things. First, that you had knowledge of the drugs, and control over them. Second, that you intended to traffick the substance.
Often they will do this by pointing to various factors such as the quantity or purity of the drug, the packaging of the drug, or the presence of tools required to traffick drugs, such as scales or baggies. Law enforcement also looks for the presence of large sums of money found with the substance.
PPT charges can come with a mandatory minimum sentence of 1 to 2 years, and a maximum sentence of ten years. These sentences can be even more serious if you committed the offense as part of or on behalf of a criminal organization, you used threats, weapons, or violence while trafficking drugs, you have prior offenses, or if you were found trafficking the drug near a school or used the services of a minor to help you commit the offense.
Trafficking Charges
Trafficking charges are the most serious drug charges you can possibly face. Trafficking is the controlled or coordinated movement of a drug from one person to another. You can even be convicted of trafficking if you made no money on the activity in question whatsoever.
If you bring the drug in from another country you can be charged with Importation as well, which can increase the consequences of the drug trafficking charge.
Trafficking involves selling drugs, sharing drugs, or serving as a middle-man that aids one person in selling to another person. You can also be charged with trafficking if you offer to sell drugs to someone, even if you have no intention of delivering the drugs, or selling a normal substance by telling people they’re drugs even if they’re not.
The consequences for a trafficking charge depend on the drugs you are being accused of selling. The typical sentence for trafficking a Schedule I substance would be up to four years in prison.
What is the Drug Schedule?
Canada ranks drugs according to the danger they pose. Schedule I drugs are the most dangerous. These include amphetamines, heroin, cocaine, methamphetamines, and fentanyl.
Schedule II drugs include cannabis products of every kind.
Schedule III drugs include ritalin and magic mushrooms.
Schedule IV substances include barbiturates, benzodiazepines, and steroids.
Experienced Attorneys for Complex Drug Cases
Drug cases are some of the most complex criminal cases. The government tends to throw all of its resources into gathering evidence long before the arrest is made. You need a serious defence attorney who will investigate and examine all the evidence in order to figure out how to defeat the prosecution’s case.
Every one of our lawyers has decades of experience defending our clients against criminal charges. We have a long track record of bringing drug charge cases to a successful conclusion. We have even been able to help our clients get their drug charges dropped or dismissed. In some cases we’ve even been able to prove factual innocence, mistaken identity, or innocent possession, strategies which can get you acquitted.
We don’t stop until we build the strongest possible case for you. You’ll also have the benefit of our advice and evaluation of the prosecution’s case, which can help you understand when taking a plea bargain is going to be your best option.
If you or a loved one needs help, contact Moose Jaw Criminal Defence Lawyer at (306) 634-7777.
