What is drug production?

By Last Updated: July 26, 2022

What is drug productionThe CDSA prohibits the production of drugs included in Schedule I, II, III, or IV, and heavily punishes anyone caught producing drugs or anyone who is knowingly in the possession of materials for the purpose of producing drugs. Producing any of the prohibited drugs by any method or process, whether it is manufacturing, synthesizing, cultivating or harvesting, will be considered drug production.

The Penalty For Drug Production In Canada

The penalty for drug production depends on the nature of the drug you have been charged with producing. If you are convicted of producing a Schedule I drug, you are liable for a sentence of up to life in prison and a minimum of two years in prison. If aggravating factors including (but not limited to) the production caused a potential threat to the security, health, or safety of a person under the age of 18, or if the production caused a potential public safety hazard in a residential area, or if you set up a trap somewhere around the centre of production, your minimum term of imprisonment will be increased to 3 years.

If you are convicted of producing a Schedule II drug other than marijuana, you are liable for a sentence in prison of up to life, with a minimum term of one year. If you are caught producing marijuana, you will be liable for a term in prison of up to 14 years in prison, and a minimum of 6 months in prison if you are found with more than 5 plants.

If you are convicted of producing a Schedule III drug, you are guilty of an indictable offence and will be liable for a term in prison of up to 10 years. With respect to Schedule IV substances, you could be found guilty of an indictable offence and can face a sentence of up to 3 years in prison. If you are caught only with the materials that you know will be used in the production of some drugs, you could be guilty of a sentence of up to 10 years in prison.

Since this offence is taken so seriously by the government, there is a very limited range of sentencing options available to an accused who is convicted of drug production. The CDSA and the Criminal Code eliminate sentencing options that would allow an offender to avoid time spent in prison, like conditional sentence orders, suspended sentences, and time served intermittently. Moreover, discharges are not available to someone who has been convicted of drug production. Because of the high likelihood of time spent in prison in the event of conviction, if you have been charged with drug production it is crucial that you contact one of our skilled criminal defence lawyers immediately so we can begin working on mounting a full and effective defence to your charges.

About The Author

Michael Oykhman

Managing Partner

Michael Oykhman is a senior lawyer and founder of Strategic Criminal Defence, a full-service criminal law firm with central law offices across Western Canada and Ontario.

My professional experience consists of countless court appearances and thousands of successful defences and satisfied clients. Over the last 10 years, I have worked to build a law office where all the lawyers share our collective experience, resources, and passion to help people. Our team approach to legal representation is client–rather than only law–centred. We look for opportunities to add value to our clients through strategic thinking and creative solutions.

Ask A Question

We endeavor to respond to questions within 24 hours. If your matter is urgent, please call our office or submit a request for a free consultation.

Client Reviews

Michael Oykhman is a very professional lawyer and the first time I spoke to him he asked about my situation and he gave me some very helpful advice and assistance and also told me his odds of winning this case. During the days I was in contact with micheal I could feel the level of professionalism of him and his team, he is able to respond back to you with any questions you have within 24 hours. In the end he was as successful in helping me win my case as he had initially promised me.If you are still struggling to find a lawyer, I highly recommend Michael Oykhman.


Please give yourself a favour and contact Mr. Michael Oykhman if you need any legal advice or if you are in a terrible situation. Even-tough, the odds are not in your favour, still they will go extra miles to help you out in bad situation and get you favourable outcome. Moreover, They will work on your file even after the business hours. I don’t have words to say thanks to Mr. Michael oykhman and Kiran Cheema who had worked on my file and get me out of trouble. I’m very grateful for your assistance and exceptional service. HIGHLY RECOMMENDED.


I am grateful that Ms. Moira McAvoy was my lawyer, and I remain thankful to her for everything. She made a successful resolution to my case possible. Ms. Moira McAvoy is a professional, trustworthy lawyer, and a compassionate person. She is an excellent listener and knowledgeable of the law. From the start, she was an excellent guide. I did not know anything about the legal system and court, and she outlined everything clearly in advance, so I could understand things. She never rushed me through anything. She spoke clearly, explained everything, considered what I said, and provided options and advice. She kept me up to date on new information, requirements, and deadlines. She was always positive and this helped so much.


Ryan Patmore and his team are simply the best. I was bullied by CPS in 2020 and it landed me with three separate charges, assault, refusal to blow and DUI, which all went down as I was parked at a friends. After some research and a conversation with Michael, he directed me towards Ryan and at the time I didn’t know that would be a game changer in my favour! He is honest, transparent, helpful and a brilliant mind. He successfully appealed my license suspension with ATSB and then proceeded to get the crown to dismiss all my charges before trial. I never had to step foot inside a courtroom. If you are in need of a criminal defence lawyer, don’t think twice, get in touch with this firm and ask for Ryan Patmore! The guy is an absolute saviour.


Joseph Beller, from the very beginning when I first contacted and then retained Joseph as my representative I felt I was in good hands. When I emailed him with a question. I got a prompt response. We communicated often on the phone as needed. Joseph kept me informed as to the process. He made sure I knew all the potential results so I knew and could plan for the different outcomes. I know this his his job. But appreciate his professionalism and also his ability to not make me feel any extra stress. Well done.