Drug Possession Lawyers Toronto

Drug possession is a criminal offence in Canada that refers to being in control of or having custody of a controlled substance. Drug possession can be personal or constructive. Personal possession means having the substance on you, knowing what it is. Constructive possession refers to having control of a substance that is not on your person but is contained in another place — for example, drugs in the trunk of your car or hidden in your home.

Any substance listed on the schedules of the Controlled Drugs and Substances Act is considered a "controlled substance" and any person who has custody, control, or possession of these substances could face criminal charges. These substances include cocaine, ecstasy, heroin, fentanyl, GHB, magic mushrooms and methamphetamine. Marijuana was removed from the Act in 2018 and is now regulated under the Cannabis Act.

Two or more people can be in possession of the same drugs at the same time. This is called joint possession — it applies when people knowingly share control over a controlled substance, even if only one of them physically has it.

The penalties for drug possession in Canada depend on the type and amount of drug, the person's criminal record, and their personal circumstances. Possession of a Schedule I drug such as cocaine, heroin or fentanyl is punishable by up to 7 years in prison if the Crown proceeds by indictment. On summary conviction, a first offence carries up to 6 months and/or a $1,000 fine, and a repeat offence up to a year and/or $2,000. Possessing cannabis over the legal limit is a separate offence under the Cannabis Act. Larger quantities can attract longer sentences.

That said, first-time offenders caught with small amounts of drugs often have options. A resolution may be available that avoids a criminal conviction entirely, or the charges may be withdrawn. Diversion programs and drug treatment courts are also alternatives in appropriate cases.

Police and prosecutors must now consider warnings and referrals before prosecuting simple possession, and a simple possession conviction is kept separate from other records after two years.

Not necessarily. A charge can be withdrawn or diverted, and if the case goes to sentencing a judge can grant an absolute or conditional discharge: you are found guilty but deemed not to have been convicted. Even a conviction for simple possession is now kept separate and apart from other criminal records two years after the conviction or the end of the sentence, whichever is later, and you are deemed never to have been convicted of it.

No, for simple possession. If you call 911 because you or someone else is having a drug-related medical emergency, you cannot be charged with or convicted of possession under section 4(1) based on evidence found because you called or stayed, and the same protection applies to everyone at the scene when help arrives. It does not cover trafficking or other more serious charges.

Drug trafficking means selling, giving, administering, transporting, sending or delivering a controlled substance. Even offering to do any of those things is a criminal offence. The amount does not matter — the Crown can pursue trafficking charges over a very small quantity of drugs. No drugs need to actually change hands; an offer to sell is enough for a conviction.

Trafficking prosecutions are often complex, involving months of surveillance, wiretap evidence, and confidential informant testimony. Our lawyers have significant experience challenging each of these types of evidence at trial. Read more about defending drug trafficking charges.

Penalties depend on the type and quantity of drug, the offender's record, and whether aggravating circumstances exist. Trafficking most drugs carries a maximum sentence of life imprisonment. For Schedule I substances like cocaine, heroin, and fentanyl, the mandatory minimum sentences of one and two years that once applied were repealed by Bill C-5 in 2022, so the sentence is left to the judge. Trafficking a Schedule III drug such as magic mushrooms carries up to 10 years. Illegally distributing or selling cannabis carries up to 14 years under the Cannabis Act.

Offenders eligible for a drug treatment court program may receive more lenient sentences. Learn more about mandatory minimum sentences for drug offences.

Production means growing, manufacturing, or otherwise creating drugs. For cannabis, that includes growing the plants, harvesting, and processing. For harder drugs like cocaine or heroin, it means refining the raw substance into its final form.

Production charges typically follow police execution of search warrants on residential properties or commercial grow operations. Read more about marijuana production and cultivation charges.

Production is treated very seriously. The maximum punishment for producing Schedule I drugs like cocaine and heroin is life imprisonment. For marijuana, the mandatory minimums of 6 months to 3 years that once applied depending on the scale of the operation no longer exist: illegal cannabis production is now an offence under the Cannabis Act, with a maximum of 14 years.

Drug importing means bringing a controlled substance into Canada from another country. Under section 6 of the Controlled Drugs and Substances Act, it is also a criminal offence to export drugs or to possess drugs for the purpose of exporting them.

These charges commonly arise from seizures at airports, border crossings, and international mail facilities. The Canada Border Services Agency (CBSA) and the RCMP work together to intercept drugs entering Canada. Even a small quantity discovered at a border crossing can result in importing charges. Read more about drug importing charges in Canada.

Importing carries some of the harshest penalties in Canadian criminal law. For Schedule I substances (cocaine, heroin, fentanyl), the maximum is life imprisonment. The mandatory minimums of one year — rising to two years where aggravating factors were present, like importing for trafficking purposes or acting with a criminal organization — were repealed by Bill C-5 in 2022.

Even importing smaller quantities of less serious drugs can lead to substantial jail time.

There are many ways to fight a drug charge. The right defence depends on the facts, but the most effective approaches challenge an illegal search, a bad warrant or wiretap errors, a denial of the right to counsel, the Crown’s proof of knowledge and control, or the lab analysis, and in some cases raise entrapment. Each is explained in the defences above. Learn more about your right to a lawyer after arrest.

A drug conviction does not end when you leave the courtroom. The collateral damage can be worse than the sentence itself:

• A permanent criminal record in the national CPIC database, visible on every background check.
• Immigration problems — non-citizens can be found inadmissible and deported. Even permanent residents can face removal for serious drug convictions.
• Difficulty finding work, especially in industries that run criminal record checks.
• A lifetime ban from entering the United States — even a simple possession conviction can trigger this.
• Loss of professional licences or certifications in regulated fields.
• Property forfeiture — the Crown can seize assets it believes are proceeds of crime or were used in drug offences.
• Consequences in family court, including custody and access disputes.