It is no doubt scary to be
charged with drug possession. Like the thousands of people who find themselves
charged with drug possession offence, you may be confused, unsure what to do,
or worried about your future. A drug possession charge is tricky because even
carrying minute amounts for personal use is tantamount to a charge, same as
carrying small amounts of certain drugs can be considered contrary to the
Controlled Drugs and Substances Act if you cannot provide proof of prescription
or proof that you bought from a licensed producer.
Understanding Drug Possession
Drug possession is charged
under the CDSA or the controlled Drugs Substances Act and not under the
Criminal Code of Canada. As a CDSA offence, drug possession is prosecuted not
by the Provincial Crown but by the Federal Crown. It is defined as:
- A person has the drug in his possession
- A person knowingly has the drug in the custody or possession of another person
- A person has the drug in a place that may or may not be occupied or owned by him
- Drug is found in the custody of several people who are aware of the presence of such drug
Drug possession can then
fall under personal possession, constructive possession, and joint possession.
Punishment for Drug Possession
The punishment for a
charge of drug possession varies based on the quantity and type of drug
involved. First offence may mean a fine of a thousand dollars and 6 months
imprisonment for summary conviction. The fines and prison stay get worse for
subsequent offences. If the Crown chooses to go for indictment, it can mean
incarceration of up to 7 years. Your defence lawyer can further explain what penalties you might face based on
the details of your charge.
Know that every detail
counts if you’ve been charged with drug possession. To protect your rights and
make sure that you get the best defence, be sure to contact Calvin Barry if you’re looking for a drug possession lawyer to fight for you. Calvin Barry Law’s solid track record will give you the
edge you need to get your life back on track and avoid mistakes that can cost
you your freedom or your future.
