Is Drug Possession a Felony?

Though some drugs are legal in Canada. Some of them are too dangerous to be legal. However, there is a certain amount of it that you can have. Having illegal drugs, knowingly or unknowingly, in Canada can cause you penalties.

Year after year, thousands of people are arrested in Canada because of the illegal possession of drugs. It is becoming one of the most common crimes in Canada. If you have been charged with a drug offence, here are few things you must know.

Two Kinds Of Drug Offence

In Canada, there are two categories of drug charges, drug trafficking and drug possession.

Drug Possession

Drug possession is the act of having drugs with you whether or not they are yours. They can be either for personal use, sale, or distribution. Drug possession means having drugs in a place under your possession.

Drug Trafficking

This involves the trading of illegal drugs. Holding them and returning them to the owner also comes under drug trafficking.

Types of Drug Possession

There are three major types of drug possession:

Personal Possession: you physically owned some drugs knowing that they were illegal.

Joint Possession: you and another person have mutual control over some drugs.

Constructive Possession: having drugs in a place that you had control over whether or not you occupied it.

Types Of Drugs

Hard drugs: drugs that are addictive and injectable such as heroin, cocaine, opium, mescaline, and methamphetamine.

Soft drugs: other drugs such as marijuana, alcohol, ecstasy, etc.

Possible Penalties Of Drug Charges

The potential penalties for drug charges include fines and being put in prison for a certain amount of years. The fines can be up to $500 or more and your prison sentence can be for one year or more.

If you had been convicted of this crime before, the maximum fine can be $2,000 while the jail term is one year.

Factors That Determine The Seriousness Of Drug Crime

Some factors determine the seriousness of drug offences. These are:

How many times has the person been charged with this crime?

What is the quantity of the drugs?

What is the type of the drug?

Based on the severity of these points, a penalty is set for the person.

How A Lawyer Can Defend You In Drug Offence Charges

Your lawyer can use their experience to help you win your case of drug offence. If the case is not severe, it can lead to a plea agreement. This is because drug charges are common and can take up resources and time.

Public prosecutors often like plea agreements because they can avoid trials and save their time and resources.

Moreover, your lawyer can also use how the evidence was collected against you. If there was no warrant on your property, your lawyer can use this for your defence. Such evidence discovered cannot be used against you.

Another thing that your lawyer can do is to use the constructive possession type. This means that while maybe drugs were in your possession, they are not yours. For example, you were driving someone else’s car. However, your lawyer would have to handle it tactically.

You can tell them that you didn’t know that those drugs were illegal. Also, you can say that your charter of rights was violated.

Hire An Attorney For Your Drug Offence

If you have been charged with a drug offence in Canada, it is time to hire an attorney to fight your case. Hiring a lawyer could make the difference in making or breaking your case.

Select a reputable criminal law firm to hire the best attorneys for your case. Your attorney must have the relevant experience. Look for reviews about a particular attorney and decide whether they are capable of fighting your case or not. For more information about considerations for a drug offence, you can read this blog.

Final Words

Drug offences should never be taken lightly. Knowing the details about a drug offence and the relevant information can help you get out of that difficult situation.