If you are facing drug possession charges, you need a criminal defence lawyer in Calgary to look at your case as soon as possible.

The Controlled Drugs and Substances Act (CDSA) makes drugs illegal in Canada.

The type and amount of drug involved will determine how serious a drug possession charge is. 

  • Section 4(1) of the CDSA says that simple possession can be charged as either a summary or an indictable crime. This makes it a “hybrid” offence.
  • If someone is charged with an indictable offence for Schedule I drugs like cocaine and heroin, they can spend seven years in prison at the most. If you are found guilty of a summary conviction, you could go to jail for up to two years and/or pay a fine of up to $5,000 for your first offence.
  • Drugs on Schedule II, III, and IV (like LSD or psilocybin) usually have lower but still serious penalties.

A conviction for drug possession also leaves a criminal record, which can make it harder to get a job, travel, or find a place to live even after the jail time or fines are over.

Strategic Criminal Defence is a top Google-rated criminal defence firm in Calgary, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we craft defence strategies to help those accused of drug possession beat the charge.

The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future in the face of these charges. Contact a Calgary Drug Possession lawyer today by calling (403) 719-6410.

Key Takeaways

  • The Controlled Drugs and Substances Act (CDSA) in Canada criminalizes drugs.
  • Possession is a hybrid crime, which means that the Crown can charge someone with either an indictment (more serious) or a summary conviction (less serious).
  • The most severe punishments depend on the kind of drug: If you are caught with a Schedule I drug, like cocaine or heroin, you could spend up to seven years in jail.
  • The first time someone is charged with a crime, they usually have to pay fines of up to $5,000 and/or spend up to two years in jail.
  • Some common bail conditions are staying away from drugs, certain people or places, checking in regularly, drug testing, and sometimes getting treatment.
  • There are many ways to successfully fight drug possession charges, such as showing that the search and seizure violated Charter rights, that the person didn’t know they had drugs, that they didn’t have control over them, or that the substance wasn’t illegal.
  • People who have never been in trouble with the law before or who have drug problems might be able to use other options like drug treatment courts, diversion programs, or peace bonds.
  • A conviction will stay on your record even after you serve your time. This can make it hard to find work, travel, or find a place to live.

How Our Lawyers Help With a Drug Possession Charge

When you’re being investigated, our team will help protect you right away. 

  • We can help you decide if you should talk to the police before charges are filed. This will help you understand that explanations that seem harmless could actually make the case against you stronger.
  • Our lawyers can stop you from saying things that could hurt your case unnecessarily. We can help you talk to the police about anything, but we are especially helpful with drug cases that involve search and seizure issues.
  • It is very important to get evidence. Our lawyers will read over police reports, search warrant paperwork, and lab tests of the drugs in question. They might be unsure if the substance was actually against the law or if the amount was measured correctly.
  • In drug possession cases, expert witnesses can be very useful. For example, forensic chemistry experts can ask how substances are identified. We can hire and work with these experts.

Examples of Drug Possession Charges

You can be arrested for drug possession in Calgary in these types of situations: 

  • The police saw a student acting nervous at a music festival. When the police got close to her, they saw that she had a small bag with two grams of cocaine in it. The Controlled Drugs and Substances Act says that if she is found guilty of having a Schedule I drug, she could go to jail for up to seven years.
  • The police arrested a man after getting complaints from neighbours and searched his apartment with a search warrant. The police found a lot of pill bottles without labels that had prescription opioids in them that he didn’t have a prescription for. He was taken into custody for having a Schedule I drug.
  • The police went up to a woman and her friends who were in the park. While they were talking to her, an officer saw a bag of what looked like MDMA (ecstasy) pills sticking out of her open backpack. Someone told her she had a Schedule I drug, but she said it belonged to someone else.

Consequences of a Drug Possession Charge

In Canada, your charges depend on the type of drug you have, how much you have, and your criminal record. 

  • The Controlled Drugs and Substances Act (CDSA) says that drug possession is a hybrid offence. This means that the Crown can choose to go ahead with a summary conviction for less serious cases or an indictment for more serious ones.
  • The CDSA schedules group the drugs in a way that can affect how long you could go to jail for having them. If you are caught with a Schedule I drug, like cocaine, heroin, or methamphetamine, you could go to jail for up to seven years.
  • If someone is charged with a Schedule II drug, they can only get five years.
  • If you get caught with a Schedule III drug like LSD or psilocybin (magic mushrooms), you could go to jail for up to three years.
  • There are no mandatory minimum sentences for having drugs in Canada.
  • If you are found guilty of a summary conviction, you may have to pay a fine of up to $1,000 for your first offence and up to $2,000 for each offence after that. If processed by an indictment, the fines can be higher.

If you are found guilty of drug possession, you will also have a criminal record that can have a big effect on your life. 

  • This record could make it harder to get a job, especially if you need to be trusted or have a security clearance.
  • It can be harder to travel to other countries, especially the US, which may not let people with drug convictions in.
  • Having a criminal record for drug possession can also make it harder to find a place to live, go to school, or volunteer.
  • Also, if you’re not a citizen and you get convicted of a drug crime, it could affect your immigration status and make it harder for you to get permanent residency or citizenship.

Drug Possession Charge Defences

If you are being charged with drug possession in Canada, there are a number of legal defences that apply to you. The Crown has to show beyond a reasonable doubt that you knew the drug was there and were in charge of it. The prosecution also has to show that they got their evidence legally and didn’t break any of your Charter rights.

Here are some ways you might be able to fight drug possession charges:

  • Charter: You are protected from unreasonable search and seizure by the Charter. The police need the right authority to search your person, home, and/or the car you own. This usually means having a valid warrant or a good reason not to need one. If this is not followed, you could have a defence.
  • Lack of Knowledge: You might be able to defend against drug possession charges if you can show that you didn’t know the drugs were there. The Crown has to show beyond a reasonable doubt that you knew what you had and that it was an illegal drug. This defence can apply if you didn’t know drugs were hidden in a borrowed car, when someone else put drugs in your bag, jacket, or home without telling you, when you thought a substance was legal (like mistaking an illegal drug for a legal supplement), or when you lived with people who kept drugs in common areas without your knowledge.
  • Entrapment: This is when the police not only give someone a chance to commit a crime, but also push or encourage them to do it. Entrapment can happen in drug possession cases when undercover cops keep pushing someone to get drugs even after they say no, police plant drugs and then “find” them during a search, or law enforcement makes up complicated situations that would make a normally law-abiding person want to have drugs. To prove entrapment, our team would have to show that the police either let someone commit a crime without having a good reason to believe they were already doing so, or that they did more than just give someone a chance and actually made them commit the crime.

Drug Possession Charge Investigation

The police need a good reason to search someone if they think they have drugs. 

  • This could mean seeing signs of drug use, smelling drugs, or seeing behaviour that seems suspicious and suggests possession. Police can’t search someone without a warrant unless they have a good reason to believe a crime is happening.
  • During a search, police record where the drugs are, what they look like, and how close they are to the suspect. They use field test kits to figure out what substances are, but these aren’t always correct. Police officers take pictures of all evidence where they found it before picking it up with gloves and evidence bags.
  • The drugs that were taken are sent to a lab where forensic scientists test them to find out what they are. These lab results are very important to the prosecution’s case.
  • Investigators also look for more proof that the suspect was aware of and in charge of the drugs.
  • This could include, fingerprints on the packaging, digital evidence from phones, drug accessories, or things the suspect said when they were arrested.

Bail Conditions for Drug Possession Charges

If you get arrested for possessing drugs, you might be able to go home on bail until your court date. But this release comes with some conditions you must follow. 

  • When someone is arrested for having drugs, the most common condition for bail is that they don’t use drugs.
  • You can’t use or have any drugs without a prescription.
  • You will have to go to a police station or bail supervisor regularly.
  • If you are addicted to drugs, the court may send you to counselling or treatment programs. Your bail supervisor might need you to show proof that you went to those appointments.
  • There are also area restrictions. They keep you from going to places where drugs are sold.
  • You have to be home by a certain time at night if the court gives you a curfew.
  • If someone gets caught with drugs more than once, they might have to wear an electronic monitor to make sure you stay inside.
  • You might not be able to have drug paraphernalia like scales, pipes, or syringes that aren’t needed for medical reasons.
  • The courts may require you to take random drug tests if addiction seems to be a factor in your case. This is to make sure you are following the condition to abstain.

For more information, visit our page on The Bail Hearing Process in Calgary.

Frequently Asked Questions

Even if you are found not guilty, a drug possession charge can hurt your job and job prospects. You might have to miss work to go to court or meet with your lawyer during the court process. If your bail conditions say you have to check in during work hours or limit your travel in ways that make it hard for you to get to work, these can get in the way of your current job. Many businesses now do background checks, and some types of checks may even show that someone has charges pending. If you are found guilty, the effects get worse. Many employers check criminal records, especially for jobs that involve driving, working with people who need help, or working for the government. If you have been convicted of a drug crime, you might not be able to get some professional licences. Border restrictions may make it impossible for you to work in the U.S. The application may still ask about your criminal history, even if the job doesn’t require a background check.

Yes, you could still be found guilty even if the drugs weren’t yours. If drugs are found in your car or home, prosecutors may say you had “constructive possession.” You were aware of the drugs and had some power over them, even if they weren’t yours. The Crown still has to prove beyond a reasonable doubt that you knew about the drugs and had some control over them. You can’t just say, “They weren’t mine,” to get out of this kind of charge. Your defence would have to show that there is a good chance that you didn’t know the drugs were there or that you could control them. If you lent your car to someone else and they left drugs behind without telling you, or if you have roommates who can get to common areas where drugs were found, these things could help your case.

The amount of drugs found can have a big effect on your case and the possible penalties in a lot of different ways. If you have amounts of drugs that are normal for personal use, you will probably be charged with simple possession. This usually doesn’t have as as serious of charges, especially for people who have never done it before. If someone has more than what is usually thought of as for personal use, police and prosecutors may think they are trying to traffic. This could lead to the more serious charge of possession for the purpose of trafficking (PPT), even if there is no direct proof that trafficking is going on.