Drug Production Lawyers Calgary

If you are facing drug production 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) says that it is a very serious crime to make drugs in Canada. The law says that you can’t make any of the substances listed in the CDSA’s schedules without permission.

The law has a very broad definition of production that includes any method that changes the chemical or physical properties of a controlled substance, such as making it, synthesizing it, growing it, harvesting it, changing it, or using it.

Making Schedule I drugs like cocaine, heroin, and methamphetamine is against the law. If you do, you might have to spend the rest of your life in jail. Cannabis is a Schedule II drug, and if you grow it outside the law, you can be charged with a crime by indictment, which can lead to up to 14 years in prison, or by summary conviction, which can lead to up to 6 months in prison and/or a $5,000 fine.

If someone is accused of making drugs, they could also be accused of other crimes, like having drugs, having drugs with the intent to sell them, or bringing drugs into or out of the country.

The court looks at things like how much money was made, how hard the operation was, whether weapons were used, and whether the production happened in a residential area or near schools when deciding on sentences.

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 production 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  lawyer today by calling (403) 719-6410.

How Our Lawyers Help With a Drug Production Charge

• A Strategic Criminal Defence lawyer can help you figure out if what you did really fits the legal definition of production. Or if the police have enough evidence to suggest charges, before they are filed.
• Our lawyers can help you avoid self-incrimination by making sure you don’t say anything that could hurt your case unnecessarily, especially when it comes to what you know or how you are connected to the production site. We can help with any conversations that need to happen with the police.
• In drug production cases, getting proof is very important. We will carefully look over the search warrants to make sure there are no mistakes. We can also see if the police followed Charter rights while searching, and look at evidence that links you to the production site. We could hire forensic chemists or other experts to look into the identification of substances or the accuracy of quantity calculations, or technical experts to look into fingerprint or DNA evidence that ties you to production equipment.
• Cases involving drug production are very hard to understand, and people who are found guilty can get very long prison sentences, even life in prison. Our lawyers will help you understand the legal system and may be able to work out a deal that avoids prosecution or lowers the charges while still protecting your rights during the trial and court process.

Examples of Drug Production Charges

If you make drugs in Calgary, you could be charged. The following are examples:

• A man turned his basement into a small meth lab and bought chemicals from a number of stores so that no one would see him. They got a search warrant because people who lived nearby said they smelled something strange. They discovered chemicals, meth, and tools. He was charged with making a Schedule I drug and could spend the rest of his life in prison.
• A woman rented a house in the country and set up a complicated growing operation with 50 marijuana plants, irrigation systems, special lighting, and ventilation. While responding to a different call, the police stumbled upon the operation. She was accused of making a Schedule II drug and could spend up to 14 years in prison.
• A college student was caught using his chemistry skills to make DMT, a strong hallucinogen, from plants . The police were called by campus security when they saw something strange. He was charged with making a Schedule III drug, which could send him to prison for up to ten years.

Consequences of a Drug Production Charge

The penalty for drug production charges can be hefty, usually including a significant jail sentence.

The primary indicator of the maximum possible punishment is the type of drug produced, for example:

• Cocaine, fentanyl, ketamine, heroin, GHB (“date rape” drug) and opium carry a potential prison term of up to life in prison, with a minimum of 2 years;
• LSD, psilocybin (“magic mushrooms”) and mescaline carry a potential prison term of up to 10 years if the Crown proceeds by way of indictment, and 18 months if by way of summary.

A drug production conviction also attracts a mandatory minimum sentence of one year in jail.

The mandatory minimum sentence may be increased if certain factors are present:

• The place involved in the production belongs to a third party;
• The offence created an actual or potential threat to the security, health, or safety of a minor;
• The production created an actual or potential public safety hazard in a residential area; or
• You set up a trap or device that created actual or potential death or bodily harm to another person.

Some of the most significant factors that could increase your likelihood of jailtime are:

• The drug or substance falls under Schedule I (more dangerous);
• The drug was produced in the presence of minors or other vulnerable people; or
• The offence involved a connection with a criminal organization.

Other factors that can impact the sentence range include your personal circumstances, criminal history, and the circumstances of the offence.

In addition to the penalties above, a conviction for drug production can have wide-ranging negative consequences on your future:

• Drug charges may affect your reputation in your community or with social groups;
• Potential employers may refuse or terminate your employment if their business involves handling money or the use of valuable property;
• Your friends, family and peers may view you as unworthy of their trust;
• You may have civil, immigration, or child custody consequences;
• You may have difficulty owning or renting property; and/or
• You may have difficulties travelling abroad, including to the United States.

Therefore, even if you intend on accepting responsibility for this type of offence, it is worthwhile to explore your options and consider all the possible penalties. Often, good representation can result in no criminal record. Furthermore, a community-based sentence may be obtained even where the Crown is seeking jail time.

Drug Production Charge Defences

The Crown has to prove beyond a reasonable doubt that you knowingly made a controlled substance without permission from the law. This means that you were in charge of making it and knew how it was done. You also had a direct hand in making, growing, or combining the drug.

Here are some possible ways to defend yourself against drug production charges:

• Charter: Section 8 of the Canadian Charter of Rights and Freedoms protects you from unreasonable search and seizure, and Section 9 protects you from being held without cause. When police look into drug production, they often need search warrants for homes or cars. These warrants must be properly obtained and carried out. Our lawyers might ask if the police had enough evidence to get the warrant in the first place. If the warrant was based on a secret informant who wasn’t reliable, it might not be valid. Police who went beyond the warrant’s limits (searching places that weren’t listed) could raise this issue, leading to the evidence not being used.
• Knowledge and/or Control: To be found guilty of making drugs, you have to show that you knew about or were in charge of the operation. If you rented a place to someone who was secretly using it to grow marijuana or make drugs without you knowing, you shouldn’t be found guilty of production. If you were hired to do certain things at a place and didn’t know it was being used to make drugs, you could also have a defence.
• Identity Defence: This defence questions the Crown’s proof that you were in charge of making the drugs. Our lawyers might want to know if there is enough evidence to connect you directly to the activities of making things. You might have a defence if the Crown finds a cannabis grow operation in a house that you own but rent out to other people.

Bail Conditions for Drug Production Charges

If you’re charged with drug production, you’ll likely face strict bail conditions while awaiting trial. 

• The court will probably make you stay at home (house arrest) or give you a strict curfew.
• You won’t be able to have any chemicals, lab tools, growing supplies, or anything else that could be used to make drugs.
• You can’t talk to any of your co-defendants or people you may know who are involved with drugs.
• When someone is accused of making drugs in a house, the court usually tells them not to go back there.
• You might have to give up your passport so you can’t leave the country.
• It’s normal for someone to be required to check in with the police or a bail supervisor once a week or more.
• In more serious cases, like large-scale drug production, the court may require electronic monitoring. An ankle bracelet is used to keep track of where you are and make sure you are following the rules for your house arrest or curfew.
• For cases with big operations, you usually need sureties.
• Police may be able to search your home at random to make sure you are following the conditions.
• If you break any of these bail conditions, you will be charged with a new crime and may have to go back to jail right away until your trial is over.

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

Frequently Asked Questions