According to the Controlled Drugs and Substances Act, it is illegal for anyone to possess a substance listed in the Act. Banned substances mentioned in the Act include cocaine, codeine, heroin, oxycodone, methadone, angel dust or PCP, magic mushrooms or psilocybin, plus many more.
Some substances mentioned in the Act are completely illegal to possess, while others can be used under certain terms and conditions. For example, a doctor’s prescription might allow you to possess or use a substance mentioned in the Act.
A person can be charged with the offence of possession when the police find them with a quantity of a prohibited drug or substance. However, the police officer has to establish that the accused had the drug for personal consumption. If you’re charged with a drug offence such as drug trafficking, possession or importation in Canada, consult a well-versed drug offence lawyer to know your options. You’re likely to be convicted if the Crown Prosecutor can successfully prove that you:
- Had physical possession of a prohibited substance
- Knew that you possessed a prohibited substance or drug
- Intended to possess a banned substance
- Possess a substance which is prohibited under the Act
What is constructive possession?
A person can be charged with a drug offence if they knew someone had prohibited substances or they gave their consent or exercise control over the substance in some way. For instance, if you live with a friend for a few days and you know your friend is keeping illegal drugs in their house, you can be charged with constructive possession if the police discover the substance.
Joint possession is another type of offence when you don’t actually possess a drug but you have the knowledge of the drug’s presence. For example, if you drive a friend who has drugs in their possession and you’re aware of the drug presence, you can be charged with joint possession. However, these kinds of cases involve many complexities. Talk to a well-reputed drug offence lawyer to deal with charges associated with drug possession.
Penalties for drug possession
Drug possession or trafficking is a serious crime in Canada. The Controlled Drugs and Substance Act defines the penalties based on the type and amount of drug possessed. According to the Act, it is prohibitive to carry any amount of a drug. There is also a limit when it comes to cannabis products. For example, an adult 18 years of age or older can legally possess 150 grams of cannabis.
A conviction of any drug possession offence can create serious problems for you. Apart from a fine or imprisonment, you might be denied entry into other countries like the United States. Therefore, if charged, it’s important to hire an experienced criminal defence lawyer who can help you prevent a criminal charge and being faced with a criminal record.
If you or someone you know has been charged with a drug offence in Edmonton, consult the drug offence lawyers at Slaferek Law. Schedule a free consultation now!