Practice Areas

Drug Offence

Drug Defence Lawyer in Ottawa

Drug defence can include the production, possession, or trafficking of drugs and controlled substances like narcotics, and marijuana. A person may be charged with the production of a prohibited or controlled substance, drug possession, drug trafficking, possession for the purpose of trafficking, or trafficking as part of a ‘criminal organization’.

In Canada, the penalties are usually very heavy, and now include mandatory minimum jail sentences in certain situations. Those found guilty are likely to face heavy fines or extended jail times. Although those charged with minor drug offences may not face any jail time, a conviction could entail a criminal record that will adversely affect your opportunities for employment.

Drug charges

Simple possession
This charge can be brought against you if you are found in possession of any substance that is listed in Schedule I, II, or III of the Controlled Drugs and Substances Act, which includes cannabis, prescribed medications not in your name, or illegal drugs.

Drug Trafficking
This involves the delivery of substances listed in Schedule I, II, and III of the Controlled Drugs and Substances Act to another person. The exchange of money is of no consequence. The only evidence required is that the offender delivered the drugs to the recipient with the intent of promoting the drugs.

Accused persons may have:

  • Given drugs to another person for safekeeping
  • Introduced another person to a seller and assisted in negotiations for a better price or in giving of payments for the drugs
  • Offered to sell drugs
  • Offered to deliver drugs even if they did not intend to go through with the offer
  • Agreed to purchase drugs from one person with the intention of resale
  • Offered to sell drugs which he or she knows were not real drugs

Drug Production
This includes the manufacture or cultivation of any substance listed in Schedule I to IV of the Controlled Drugs and Substances Act.

Cultivation includes the ongoing practice of assisting prohibited plants to grow. It also covers plants that are left to grow in an environment created by a person. Cultivation covers the whole lifespan of the plant from the planting of seeds to the maturity of the plant.

Legalization of Marijuana
For those who are seeking information about Canada’s Marijuana Legislation, keep up to date with the latest status of cannabis legalization from the Government of Canada.

Delays in our justice system not only make the timing of implementation complicated, but it can also affect those who are counting on the legalization of marijuana and their rights. Know what to expect with the legalization and regulations of cannabis (marijuana) in Canada.