If you are facing drug production charges, you need a criminal defence lawyer in Toronto to look at your case as soon as possible.
Drug production is the charge for producing of a controlled substance listed under the Controlled Drugs and Substances Act (“CDSA”).
Production itself is defined under Section 2 as manufacturing, synthesizing, cultivating, harvesting or otherwise obtaining the substance by a process or method.
It is an offence to produce any substances listed in Schedules I, II, III, IV or V of the CDSA. The most common substances listed in the CDSA schedules are cocaine, heroin, methamphetamine, fentanyl, opium, morphine, LSD, oxycodone, GHB, PCP (or “angel dust”), and psilocybin (or “magic mushrooms”).
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 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 Toronto Drug Production lawyer today by calling (647) 986-8077.
Key Takeaways
- Drug production includes manufacturing, synthesizing, cultivating, or harvesting any controlled substance listed under the CDSA
- It is illegal to produce any Schedule I–V drug, including cocaine, heroin, fentanyl, methamphetamine, LSD, GHB, and psilocybin
- Penalties are extremely serious and often include lengthy jail sentences, with some offences carrying up to life imprisonment
- Mandatory minimum sentences of one to two years apply in cases involving minors, residential dangers, traps, or third-party property
- Common defences include lack of intent, wrong identity, proving substance is not a controlled drug, and Charter violations involving unlawful search and seizure
- Drug production investigations typically involve undercover operations, surveillance, informants, wiretaps, and search warrants
- Bail conditions are strict and often include house arrest, no-contact orders, bans on chemicals or equipment, and possible electronic monitoring
- A conviction leads to lifelong consequences affecting employment, immigration, property, and international travel
How can a drug production lawyer in Toronto help?
As we start preparing your defence by examining police actions and the evidence against you, there are certain defence strategies that can be used to aid your cause, including:
- Assembling documents, photographs, texts, etc. that contradict the allegation and support your defence;
- Gathering evidence from witnesses that support your version of events;
- Identifying mistakes in the actions of the police, such as Charter breaches;
- Uncovering administrative/systemic errors, such as “Jordan delay,” non-disclosure, lost or destroyed evidence, etc.; and
- Finding weaknesses or “holes” in the Crown’s case that may make it difficult or impossible for them to establish the elements of the offence.
A Strategic Criminal Defence lawyer will be able to review your case to determine if there are any defences that can lead to your acquittal.
Drug Production Charges in the Controlled Drugs and Substances Act
According to section 7 of the Controlled Drugs and Substances Act:
Production of substance
7 (1) Except as authorized under the regulations, no person shall produce a substance included in Schedule I, II, III, IV or V.
Examples of Drug Production Charges
If you make drugs in Toronto, you could be charged. The following are examples:
- A man is arrested after police find an indoor grow-op with 60 cannabis plants, industrial lights, ventilation systems, and fertilizer inside his rented basement
- A couple is charged after officers discover a small “kitchen lab” used to extract and concentrate THC oils for illegal resale
- Police raid a storage unit containing chemical precursors, heating plates, glassware, and instructions used to manufacture MDMA
- A woman is arrested when police trace back a series of fentanyl overdoses and find she was mixing cutting agents and pressing counterfeit pills
- Officers execute a search warrant at a rural property and uncover a shed with equipment used to make methamphetamine
- A man is charged after mushrooms containing psilocybin are found drying in trays in his garage alongside cultivation materials
- Police discover an improvised lab in an apartment where GHB is being synthesized using chemicals purchased online
Consequences of a Drug Production Charge
The penalty for drug production charges can be serious, usually including a significant jail sentence.
Punishment depends on type of drug produced, for example:
- Cocaine, fentanyl, ketamine, heroin, GHB 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:
- 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;
- You may have difficulty owning or renting property; and/or
- You may have difficulties travelling abroad, including to the United States.
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.
Some of the most common defences for drug production include:
- 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:
- No mental intent: A common defence available for drug production charges is that you did not intend to produce the illicit drugs. For example, if a poppy or coca plant were growing in your garden without you realizing.
- 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.
- 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.
- 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 production, this typically arises as an unlawful search and seizure of the substance, or an unlawful detention and/or arrest.
Drug Production Charge Investigations
Drug production investigations often involve extensive undercover work and police surveillance in the form of wiretaps into phone conversations and video surveillance. Police may initiate a drug production investigation based on information received from informants in other police cases. In many drug production investigations, the police surveillance can take place over a number of months before an arrest is made. Investigations often conclude with the police executing a warrant to search the production facility or premise.
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 Production Charges
Because drug production is one of the most serious charges you can face under the CDSA, the police will likely keep you in custody and require a formal bail hearing to determine your release. After release, you’ll likely face strict bail conditions while awaiting trial or sentencing.
- 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.
- 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.
