Controlled substances are illegal in all Canadian provinces, including Ontario. If you are found trafficking or in possession of illegal drugs such as heroin, amphetamines and cocaine, knowingly or unknowingly, you can be charged with a drug offence. As far as cannabis is concerned, possession of marijuana is no longer a crime in Canada under the federal Cannabis Act, but there are limits on how much you can possess. Carrying more cannabis than the legal limit can land you in trouble.
To avoid getting charged with drug offences due to lack of knowledge about drug and controlled substances law, read this blog post regarding drug charges in Ontario.
What You Need to Know About Drug Charges in Ontario
Drug charges in Canada are broadly categorized into two offences: drug possession and drug trafficking. Each offence has a separate set of penalties.
What Is Drug Possession?
Under the Controlled Drug and Substances Act, it is illegal to have prohibited drugs in your possession at any time, even if they do not belong to you. To be convicted of drug possession, the prosecutor must prove that you had knowledge and control. This means it was on your person or in a location that you control, such as your home or car.
What Is Drug Trafficking?
Just to clarify, drug trafficking does not only mean selling. Simply giving someone drugs or holding them for the purpose of returning them to the owner also constitutes trafficking. In fact, offering to sell an illegal substance is enough to be convicted under drug trafficking charges. It is not necessary to prove that the accused had drugs on them at the time of the offer.
Factors That Determine the Seriousness of the Drug Offence
Drug possession is a hybrid offence and can be tried as a summary conviction or an indictable offence, depending on the seriousness of the crime and how it is treated. There are several factors that determine the severity of the offence. They are:
- Whether it is the first time the person has been charged with possession
- The quantity of drugs
- The type of drugs (soft or hard)
If it is the first time a person has been charged and they were in the possession of only a small quantity of a soft drug, then the case will probably be treated as a summary conviction. If this is not the accused’s first offence and they were carrying a hard drug, the case will more likely be treated as an indictable offence.
Types of Drugs
Hard Drugs
Cocaine, LSD, Heroin, Opium, Amphetamines, Secobarbital, Mescaline, Morphine
Soft Drugs
Diazepam (Valium), Ecstasy (MDMA), Magic Mushrooms, Marijuana (above the legal limit)
Potential Penalties for Drug Offences
The Crown prosecutor’s decision to proceed by summary conviction or indictment will also affect the severity of penalties imposed on the accused, if found guilty. The potential penalties for minor drug possession offences range from fines between $250 and $500 to combined fines and prison sentences up to $2,000 and one year in prison for a second offence.
The potential punishments for drug trafficking are:
- The maximum term of imprisonment of life (25 years) for trafficking of drugs listed in Schedule I and/or II
- The maximum of 18 months to 10 years in prison for trafficking of drugs listed in Schedule III
- The maximum of one to three years in prison for trafficking of drugs listed in Schedule IV
Important Things to Know to Defend Yourself Against Drug Charges
- Drug investigations often lead to searches of people, vehicles, and homes. The law in relation to these issues is complicated and what the police can and cannot search will very much depend on a case by case basis. There are no easy answers.
- If you are arrested on drug charges, you have the right to remain silent and call a criminal defence lawyer for a consultation.
- Keep updated on upcoming law changes for the legalization of cannabis in Ontario to avoid committing an offence unknowingly.
Being charged with drug possession or drug trafficking offences can have both short-term and long-term consequences. It is in your best interests to know what these charges are, so you can avoid breaking the law unintentionally. Hopefully, this blog post has helped you learn about drug offences in Ontario, their penalties and defences. You can get more information regarding this by getting in touch with a criminal defence lawyer near you.