Possession of Drugs
The Controlled Drugs and Substances Act sets out, under s. 4, that it is an offence to possess substances such as cocaine, heroin, fentanyl, MDMA, GHB, LSD, psilocybin mushrooms, barbiturates and anabolic steroids. The Cannabis Act sets out under s. 8, that it is an offence to possess cannabis unless as authorized by that Act. Not only is it possible to receive jail time for simple possession of hard drugs; it is still possible to receive jail time for simple possession of cannabis if, for example, the cannabis is from an illicit source and the amount is greater than 30 grams.
Having a conviction for a simple drug possession charge can have very serious consequences. It may be a bar to certain types of employment. A conviction will prevent entry to the U.S.A. as a visitor as the United States Border Authority views drug possession charges as a “crime of moral turpitude.”
Although some simple possession charges start with the police targeting a suspect, the majority of these charges arise out of a chance encounter between police and the accused. For example, police may pull over a vehicle for a traffic violation and they may smell cannabis or see a baggie with a powdery substance on the console. Similarly, police may see a hand-to-hand transaction in front of a bar and arrest both the seller and the buyer. Generally, unless the accused has other outstanding charges, police will release a person charged with simple possession on a Promise to Appear in court on a date some 5 or 6 weeks in the future.
A portion of simple possession charges start out as possession for the purpose of trafficking charges. To prove possession for the purpose of trafficking, the Crown will usually rely on a police expert witness who will testify that the way the drugs were packaged and possessed tends to suggest that they were intended to be distributed or sold. Our experience as drug defence lawyers enables us, in appropriate cases, to argue that the drugs were not intended to be trafficked, and thereby allow our client to resolve the matter on the lesser offence of simple possession.