"Possession"

Controlled Drugs and Substances Act

A conviction under the Controlled Drug and Substances Act can have devastating consequences including but not limited to travel restrictions and future employment. Call Song Criminal Defence to speak to a lawyer now.

Controlled Drugs and Substances Act s. 4

"(1)(a) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II, or III."

What the Crown Needs to Prove Beyond a Reasonable Doubt

1. Identity of the Accused
2. Date and Time of Offence
3. Jurisdiction
4. Accused possessed a substance
• Accused had knowledge of the substance.
• Accused had control of the substance.
• Accused consented to said possession.
5. The substance in question is under Schedule I, II, or III of the CDSA.
• Certificate of Analysis is in evidence.
• Chain of possession is preserved.
• Amounts found are in evidence.
6. Possession of substance in question by the Accused is not authorized under the CDSA.

Sentencing on Conviction | "Punishment"

1. Criminal Record: A drug conviction will result in a criminal record.
2. Schedule I: Maximum
• Summary Election: 6 months in jail or $1000 fine.
• Election by Indictment: 7 years in jail.
3. Schedule II: Maximum
• Summary Election: 6 months in jail or $1000 fine.
• Election by Indictment: 5 years less a day in jail.
4. Schedule III: Maximum
• Summary Election: 6 months in jail or $1000 fine.
• Election by indictment: 7 years less a day in jail.

Obviously, we cannot comprehensively cover how these consequences may impact your unique situation on this page. Call us and speak to a lawyer immediately or reach out to us to set up a free in-person consultation to completely understand your situation, the consequences you may face, and to develop a plan of action to beat your charges.