... Skip to main content

Drug Lawyer Toronto

Defending Drug Possession, Trafficking, Production and Importing Charges in Ontario

If you have been charged with drug possession, trafficking, production, or importing under the Controlled Drugs and Substances Act, the stakes are high. A conviction can mean jail time, a permanent criminal record, and consequences that follow you for years. Daniel Brown Law fights these charges across Ontario — challenging search warrants, police procedures, and wiretap evidence to get results.

We regularly defend clients charged with possession of marijuana, hashish, cocaine, heroin, fentanyl, GHB, ecstasy (MDMA), magic mushrooms, ketamine and other controlled substances. Our drug lawyers appear in courtrooms across the GTA and beyond, including Toronto, Newmarket, Oshawa, Brampton, Milton, Hamilton, and Barrie.

Why Clients Choose Daniel Brown Law for Drug Cases

Drug cases turn on technical evidence — warrants, wiretaps, surveillance logs, forensic analysis. You need lawyers who know how to take that evidence apart. Daniel Brown is certified as a specialist in criminal law by the Law Society of Ontario, a designation fewer than 2% of criminal lawyers in the province hold. He and his team have successfully defended everything from simple possession to complex multi-party trafficking and importing prosecutions.

Why Choose Daniel Brown Law?

Daniel Brown Law represents clients charged with simple possession, possession for the purpose of trafficking, importing, and production of controlled substances. Daniel Brown is a certified specialist in criminal law — a designation held by fewer than 2% of criminal lawyers in Ontario. He is the author of Prosecuting and Defending Sexual Offence Cases (3rd Edition, Emond Publishing's Criminal Law Series), has authored articles for legal journals, and contributes commentary on criminal law to The Toronto Star and other major Canadian news outlets.

The firm and its lawyers have been repeatedly recognized for excellence in criminal defence:

Call (416) 297-7200 to schedule a consultation about your drug charge.

Frequently Asked Questions About Drug Charges in Toronto:

What is drug possession?

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 refers to having personal knowledge of what you are in possession of. 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 schedule 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 marijuana, cocaine, ecstasy, heroin, fentanyl, GHB, magic mushrooms and methamphetamine.

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.

What are the penalties for drug possession?

The penalties for drug possession in Canada depend on the type and amount of drug, the person's criminal record, and their personal circumstances. A first-time drug possession conviction is punishable by up to 7 years in prison for most drugs, or up to 6 months and/or a $1,000 fine for a first offence of marijuana possession. 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.

What is drug trafficking?

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.

What are the penalties for drug trafficking?

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, mandatory minimum sentences of up to 2 years apply when aggravating factors are present. For lesser quantities, the mandatory minimum drops to 1 year. Marijuana trafficking carries a maximum of 5 years.

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

What is production of a controlled substance?

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.

What are the penalties for production?

Production is treated very seriously. The maximum punishment for producing Schedule I drugs like cocaine and heroin is life imprisonment. For marijuana, sentences range from mandatory minimums of 6 months to 3 years depending on the scale of the operation, up to a maximum of 14 years.

What is drug importing?

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.

What are the penalties for drug importing?

Importing carries some of the harshest penalties in Canadian criminal law. For Schedule I substances (cocaine, heroin, fentanyl), the maximum is life imprisonment with a mandatory minimum of one year. If aggravating factors are present — like importing for trafficking purposes or acting with a criminal organization — the mandatory minimum rises to two years.

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

What are some defences to drug charges?

There are many ways to fight a drug charge. The right defence depends on the facts, but here are some of the most effective approaches:

  • Illegal search — The Charter of Rights and Freedoms protects everyone from unreasonable search and seizure. If police searched you, your car, or your home without legal authority, the drugs may be excluded from evidence. Without that evidence, charges are often withdrawn.
  • No knowledge or control — Being near drugs does not mean you possessed them. The Crown must prove you knew the drugs were there and had control over them.
  • Wiretap errors — Large trafficking and conspiracy cases often rely on wiretap evidence. Wiretaps must comply with strict legal requirements. If they don't, the evidence can be thrown out.
  • Bad warrant — Police often rely on search warrants to enter homes and vehicles. If the information used to get the warrant was misleading or insufficient, the warrant can be struck down and the evidence excluded.

What happens beyond the criminal case?

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.

Talk to a Drug Lawyer

If you are facing drug charges, the decisions you make early on matter. Daniel Brown and his team can review the evidence, identify the weaknesses in the Crown's case, and determine what defences are available to you.

We also defend related offences including assault, weapons offences, and other criminal charges across Ontario. Call (416) 297-7200 for a consultation.

Best Law Firms Criminal Law
Best Lawyers Daniel Brown Law 2025
Top Criminal Boutique 2027 Daniel Brown Law LLP
Email us WhatsApp Call (416) 297-7200