Although many people brush off the thought of getting into trouble over the possession of small amounts of an illegal substance or recreational usage of illegal substances, these charges can be very serious.
If you are convicted of a criminal offence under the Controlled Drugs and Substances Act (CDSA), it will not only appear as a criminal record on your profile but will also have significant consequences on your social stigma, travelling and employment.
Many people who have faced a criminal trial or are going to face one have an issue obtaining employment. Most jobs in Canada require background checks and require a clean record to be maintained. Therefore, a conviction such as drug trafficking will jeopardize your ability to get or maintain a job. Moreover, you can also be fired from your current job.
What Substances Are Illegal According To The CDSA?
The list of substances that are illegal according to the CDSA are:
- Opium
- Heroin
- Cocaine morphine
- Marijuana
- Methadone
- Magic mushrooms
These and some other substances are completely banned in Canada. Possession of these substances in any amount is illegal.
Levels Of Drug-Related Offences Under The CDSA
The CDSA has detailed the different levels of drug-related offences based on the seriousness of the act. The levels are distinguished as:
- Simple Possession
- Possession for the Purpose of Trafficking
- Trafficking
- Importing and Exporting
- Production
If you are convicted of one of the aforementioned offences, your sentence will be determined based on the following factors:
- The offender’s prior record
- The offender’s level in the drug organization
- Number of transactions (sales)
- Whether the offence was planned in detail or out of impulse
- Quantity seized
- The type of drugs trafficked and whether it was one or more types
At this point, it is important to note that you can expect sympathy from the court if you are found supporting an addiction. However, if the court finds that you were hoarding illegal substances for business purposes, you might not receive any sympathy.
What Should You Do When You Are Charged With Drug Trafficking?
Once you are arrested for drug trafficking, you will be taken to the police station and held in custody until your lawyer bails you out. At the time of bail, you will be given notice as to when you must next appear in court. Your trial will then be scheduled for a future date.
As opposed to other criminal offences, drug-related offences are prosecuted by the Public Prosecution Service of Canada. They are more knowledgeable and more specialized in prosecuting drug-related offences.
To charge you with a drug-related offence, the court must prove that without a doubt:
- That the accused was actually in possession of the prohibited drug
- That they knew the drug they possessed was prohibited
- That they intended to possess the prohibited drug
- That the drug is actually prohibited under the CDSA
How To Prepare For Drug-Related Charges
While preparing for your trial, the first question that exists is whether the evidence against you was obtained lawfully or not. Drug arrest evidence cannot be used against you if the police performed an illegal search and seizure to obtain said evidence.
As you prepare to put up your case, ask the following questions:
- Was a proper search warrant issued?
- Were the terms of the search warrant executed properly?
- Was there sufficient probable cause to issue the search warrant?
- Was there sufficient probable cause to allow for a wiretap?
- Is the quality of the evidence against you questionable?
How Can We Help?
At Slaferek Law, our criminal lawyers have successfully defended clients who have been arrested and accused of illegally possessing such substances as marijuana, cocaine, ecstasy, methamphetamines, heroin, oxycontin, pain killers, and illegal prescription drugs.
The sentence for being found guilty of illegal drug possession can have long-term, negative effects on your life: work, career, finances, and family – long after your sentence has been served. Don’t put everything at risk if you have been arrested for a drug possession charge, contact Slaferek Callihoo to set up a consultation with our dependable, focussed criminal lawyers.
