Drug offences range from trafficking, production, possession, and importation of illegal and controlled drugs and substances. All drug offences are charged and prosecuted under the Controlled Drugs and Substances Act (CDSA). These offences carry severe criminal penalties upon conviction, including a maximum sentence of life in prison. Therefore, no matter how minor a drug offence seems, one should never disregard the importance of having a criminal defence lawyer by their side.
Defending Drug Possession Charges in Toronto
Are you facing drug possession or any other related charges? We can help!
At Zamani Law , we have vast experience providing exceptional defence services for persons facing any drug charges in Toronto and the GTA. Our firm’s proven track record in delivering optimal results has grown our reputation and recognition by our peers and clients.
Zamani Law recognizes the constant changes in drug laws, and we stay updated to ensure that our clients benefit from any developments. Our team of lawyers, paralegals, articling students, and other legal professionals work together on every case to thoroughly review and investigate all the details and tailor a strong and effective defence. Some of the defence strategies we utilize include:
- Challenging unreasonable searches and seizures
- Questioning “knowledge” and “control” of said drugs
If you’re facing drug charges, contact our Toronto drug offence lawyer for a free, no-obligation consultation.
Issues That May Arise with Drug Offences
Drug offences are some of the most complex charges in Canada, and they carry severe long-term consequences upon conviction. During the litigation process, several issues are bound to arise, including:
- The type of drug involved
- Previous criminal records of the offender
- Amount of the drugs seized
- Reason for possession of drugs, for example, trafficking or personal use.
- Amount of planning taken into the offence
- Other substances involved
All these issues play a significant role in the prosecution process and the penalties imposed upon conviction. They’re also vital in devising your defence strategy.
Keep in mind that charges involving “hard drugs,” such as cocaine, have more extreme penalties than those surrounding “soft drugs.”
Cocaine, Ecstasy, Heroin, Ketamine
These are “hard drugs,” and their charges carry the most severe consequences. When charged with possession, trafficking, or production of such drugs, the chances for a withdrawal of the allegations in favour of diversion methods is lower than in “soft drugs” or other drug-related offences. Therefore, it’s imperative to hire an experienced criminal defence lawyer to help you mitigate such serious allegations.
Zamani law has a successful track record defending clients facing cocaine, ecstasy, ketamine, heroin, and other hard drug charges. If you, or your loved one, are charged with these or other related crimes, feel free to contact our drug offence lawyers in Toronto for exceptional legal counsel.
Possession, Possession for The Purpose of Trafficking and Tracking Offences
Possession and Possession for Trafficking
To determine what constitutes possession, CDSA section 2 refers to the Canadian Criminal Code, which states that a person will be considered to be in possession if:
- The accused has the thing on his/her person;
- The accused knowingly has the thing in possession of another person or in any place (regardless of who owns the place);
- More than one individual owns an item, for example, one person may be in physical possession, but another person, while not in physical possession, owns the thing and has asserted that the other person is in possession.
Possession for trafficking has the same elements as possession, but the prosecution must also prove that your intent was trafficking the seized drugs. Trafficking may mean sharing or selling. The Crown tries to prove possession for trafficking by trying to show that the amount seized was too large for personal use.
In general, for the Crown to prove possession, they have to show that the accused had knowledge and control of the drugs.
Trafficking
Section (5)(1) of the Controlled Drugs and Substance Act defines trafficking as to “sell, administer, transfer, transport, send, or deliver the substance, to give the authorization to obtain the substance, or to offer to do anything mentioned above.”
As per the definition, a simple exchange of drugs, without exchange of money, amounts to trafficking.
With the changes to drug laws, which have led to increased severity in minimum penalties for trafficking and possession, it’s requisite to retain an experienced attorney when charged with any drug-related offence.
At Zamani Law, we are well-versed with the intricacies of drug offences and can provide exceptional legal representation. We welcome the opportunity to be your criminal defence lawyers.
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