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

Drug possession is having a substance in your control which you are prohibited to possess. Drug possession is listed under federal legislation called the Controlled Drugs and Substances Act (“CDSA”), not under the Canadian Criminal Code.

It is an offence to possess any substances listed in Schedules I, II, or III of the CDSA, unless you have authorization to do so. For an overview of related drug allegations and charges, see our Drug Offences lawyers in Toronto.

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

  • 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.

You can be found to be in possession of the drug even if you don’t have actual, physical possession of the substance. 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 Toronto, 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 Toronto Drug Possession lawyer today by calling (647) 986-8077.

 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.
  • 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 can a drug possession lawyer in Toronto help?

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.

Our lawyers can also find weaknesses or “holes” in the Crown’s case that may make it difficult or impossible for them to establish the elements of the offence. For this, 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.

Drug Possession Lawyers in Toronto

Drug Possession Charges in the Controlled Drugs and Substances Act 

According to section 4 of the Controlled Drugs and Substances Act:

Possession of substance

4 (1) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III.

Examples of Drug Possession Charges

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

  • A student at a party had two grams of cocaine in her pocket and was searched by police. 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 found a lot of pill bottles without labels that had prescription opioids in them that a man didn’t have a prescription for. He was taken into custody for having a Schedule I drug.
  • During a traffic stop, the police saw a baggie of MDMA (ecstasy) pills in the back. This is a Schedule I drug.

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.
  • 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.

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

  • The drug or substance falls under Schedule I (more dangerous);
  • The drug was brought into Canada from another country; or
  • The offence involved a connection with a criminal organization.

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

  • Potential employers may refuse or terminate your employment if their business involves handling money or the use of valuable property;
  • You may have civil, immigration, or child custody consequences; and/or
  • You may have difficulties travelling abroad, including to the United States.

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:

  • Factual Innocence: This is usually the strongest defence because the facts and evidence do not support you being there, interacting with the illicit drug, or other basic elements of the offence. This could include:
    • Identity: In some circumstances where the offence was not recorded by surveillance footage, or the footage is poor quality, you may be able to raise an identity defence. For example, authorities could have made a mistake in identifying you as the perpetrator based on the poor quality of the footage. In order to effectively raise this defence, you may need corroborative evidence, such as an alibi to where you were at the time of the offence.
    • Not an illicit drug: If a substance is not scientifically proven to be an illicit drug under one of the CDSA schedules, it is not illegal to interact with it. Typically, the substance will be sent to a laboratory to undergo multiple sample tests in order to prove it is a controlled drug or substance.
  • Insufficient Possession: There are several defences that can be raised to challenge the elements of the offence of drug possession. This means challenging that you did not have knowledge of the illicit drug and/or did not have control over it. These defences include:
    • No mental intent: A common defence available for drug charges is that you did not intend to interact with the illicit drugs. For example, if you were holding a backpack filled with an illicit drug for a friend or family member with no reason to suspect it contained the drugs.
    • Innocent possession: Where the sole intent of possession is to turn the drug over to authorities or destroy it, the element of control is not fulfilled. For example, intending to dispose of an illicit drug that you found on your property.
    • Licence: If you are licensed or authorized to possess an illicit substance, this could help challenge a drug possession charge.
  • Violation of Constitutional Rights: The Canadian Charter of Rights and Freedoms sets out your rights before and after your arrest. If the police fail to abide by these rights, it could aid in your defence. With drug possession, this typically arises as an unlawful search and seizure of the substance, or an unlawful detention and/or arrest.

Drug Possession Charge Investigation

Police may initiate a drug possession investigation for a number of reasons. Two of the most common events that prompt these investigations are traffic stops and you being lawfully arrested for another offence.

During a traffic stop, if the police observe or smell a drug in your vehicle, they may have grounds to arrest you and/or your passengers for drug possession charges, followed by a more thorough search of the vehicle. Similarly, if you have been placed under arrest lawfully, the police can search your person and you may be charged with drug possession if drugs are found on you.

After the police have gathered their evidence, they will arrest you if they believe you are the perpetrator. If you are not present at the scene, police will track you down or issue a warrant for your arrest.

After you have been charged, police will provide a package with all the evidence they collected, known as the “disclosure package,” to the Crown Prosecutor. You will have the right to access this disclosure package to see the evidence against you. Once you retain one of our lawyers, we will assist you in obtaining the disclosure package, and we will review it with you to assess the strengths and weaknesses of the Crown’s case, as well as any legal defences that may be available to you.

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.

Frequently Asked Questions

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.

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. Many employers check criminal records, especially for jobs that involve driving, working with people who need help, or working for the government.

Yes, 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 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).