Production Of Drugs Lawyer

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What is Production of Controlled Drugs and Substances?

With the legalization of marijuana in Canada, most people are now familiar with its production, which is no longer a criminal offence. However, strict rules and limitations, e.g., the number of crops allowed per residence, apply and breaking them could land you in trouble with the law. The production of other illicit and controlled drugs and substances, including crystal meth and cocaine, is still a major crime with severe consequences.

Just as with other drug offences, i.e., possession and trafficking, the provisions for drug production are found in the Controlled Drugs and Substance Act. Section 7(1) of the Act states that:

  • Except as authorized under the regulations, no person shall produce a substance included in Schedule I, II, III, IV, or V.

Production is such a broad term. As per the Controlled Drugs and Substances Act:

  • “Produce” means, in respect of a substance included in any of the Schedules I to IV, to obtain the substance by any method or process including:
    • Manufacturing, synthesizing or using any means of altering the chemical or physical properties of the substance, or
    • Cultivating, propagating or harvesting the substance or any living thing from which the substance may be extracted or otherwise obtained, and includes an offer to produce.

The prosecution and Courts take drug production charges very seriously, especially those involving hard drugs such as meth production in “meth labs.” When charged with drug production, issues of utility fraud, such as an illegal hydro-bypass, make the charges more complex. Therefore, it’s highly advisable to retain the services of an experienced drug production lawyer in Toronto. They’ll protect your rights and fight the charges against you.

Contact Zamani Law for a free, no-obligation consultation.

Penalties for Drugs Production Charges

To curb illicit drugs in Canada, the CDSA provides some of the most severe penalties seen under Canadian law for those convicted of drug production. The penalties imposed upon the finding of guilt are dependent on the type and amount of drug seized, prior convictions, and other factors.

Here are the penalties for drug production as per section 7(2) of the CDSA:

Schedule I drugs:

These include opiates, cocaine, GHB and related substances. The production of schedule I drugs is an indictable offence with the following penalties:

  • Life imprisonment;
  • A minimum of three years in prison if:
    • the person used real estate property belonging to a third party in committing the offence;
    • the production constituted a potential security, health, or safety hazard to persons under the age of 18 years who were in the location where the offence was committed or in the immediate area;
    • the production constituted a potential public safety hazard in a residential area; or
    • the person set or placed a trap, device or other thing that is likely to cause death or bodily harm to another person in the location where the offence was committed or in the immediate area.
  • minimum of two years in prison if the factors set out for three years minimum sentence do not apply.

Schedule III and V (repealed) Drugs:

Schedule III drugs include LSD and magic mushrooms (psilocybin). As a hybrid offence, the prosecution chooses how to proceed, i.e., summarily or through indictment. Here are the possible penalties:

  • Indictable offence: a jail sentence not exceeding 10 years
  • Summary offence: a jail term of up to 18 months

Schedule IV Drugs:

Drugs in this Schedule include barbiturates, diazepam and benzodiazepine. If convicted for this offence, you may face:

  • Up to 3 years imprisonment for an indictable offence
  • Up to 1 year in jail for a summary offence

When facing such lengthy sentences, it’s crucial to have a criminal defence lawyer by your side. Keep in mind that prison time is not the only consequence of a conviction. A criminal conviction also affects your travel capability, ruins your reputation, and makes it hard to find employment.

Get in touch with Zamani Law to schedule your free consultation.

Defending Drug Production Charges in Toronto

For a successful conviction, the prosecution must prove that you intentionally produced the said drug and knew it was illegal under the CDSA. In some cases, willful blindness applies if you suspected that you were involved in producing illicit drugs but deliberately failed to inquire about the nature of the product. With such and more complex scenarios of drug production charges, it’s requisite to retain an experienced lawyer to review your case and develop viable defence strategies.

At Zamani Law, we work as a team of legal experts to analyze the details of your case, pinpoint its strengths and weaknesses, and devise a solid defence to attain the best possible outcome. With our extensive experience and proven track record, we can help you fight the drug production charges against you.

Don’t take chances!

Call us at 647-363-7739 to speak to one of our drug production lawyers in Toronto.

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