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Practice Areas

Drug Offences

Practice Areas

drugs

"Possession for the Purposes and Drug Trafficking"

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. 5

"(1) No person shall traffic in a substance included in Schedule I, II, III, IV or V or in any substance represented or held out but hat person to be such a substance. (2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III, IV, or V. "

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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.
  7. Accused knew or had a sincerely held belief of the nature of the substance.
  8. Accused intended to traffic the substance.

Sentencing on Conviction | "Punishment"

  1. Criminal Record: A drug conviction will result in a criminal record.
  2. Schedule I:
    • Minimum: 1 to 2 years in jail.
    • Maximum: Life in jail.
  3. Schedule II:
    • Minimum: 1 or 2 years in jail with aggravating factors.
    • Maximum:
      - Exceeding 3 kg: Life in jail.
      - Not Exceeding 3 kg: 5 years in jail.
  4. Schedule III:
    • Minimum: None.
    • Maximum:
      - Summary Election: 1 year in jail.
      - Election by indictment: 3 years in jail.
  5. Possible Weapons Prohibition.
  6. Possible Forfeiture of Proceeds of Crime.
  7. Possible Forfeiture of Offence-Related Property or Weapons.

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.

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