Drug Possession Lawyers

If you’re being charged with drug possession, don’t make the mistake of navigating the criminal justice system alone.

Call (604) 669-6699 (available 24/7) or email info@penderlitigation.com to chat with an experienced lawyer ASAP.

Drug possession accusations can lead to jail time, fines, probation, reputational damage and a criminal record, impeding your ability to travel and secure gainful employment. But drug possession cases can be won. Pender Litigation is specially equipped to examine the circumstances of your case and launch a tactical defence.

Our first consultation is privileged and confidential, with no obligation on you.

When we meet, we’ll discuss your case and any related documents you can provide; answer your questions; and provide you with the estimated cost of retaining our services.

Drug possession cases can be won.

When you retain Pender Litigation, you’ll move forward with an experienced drug possession lawyer by your side and our entire team of criminal defence lawyers ready to assist the lawyer handling your case. Our team-based approach means your defence is strengthened by the skill and insight of multiple lawyers whose backgrounds include both defending and prosecuting drug cases.

 

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What is Drug Possession?

Drug possession occurs when you possess, without authorization, a Schedule I, II or III substance. Drug possession is a contravention of the Controlled Drugs and Substances Act, which makes it a serious offence to possess an illegal drug. While drug possession is not a Criminal Code offence, it is prosecuted in the same manner as a criminal offence and carries criminal penalties.

Drug Possession in the Controlled Drugs and Substances Act

Concerning possession of substance, section 4 of the Controlled Drugs and Substances Act states

4(1) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III.

Obtaining Substance

(2) No person shall seek or obtain

  1. a substance included in Schedule I, II, III or IV, or
  2. an authorization to obtain a substance included in Schedule I, II, III or IV

from a practitioner, unless the person discloses to the practitioner particulars relating to the acquisition by the person of every substance in those Schedules, and of every authorization to obtain such substances, from any other practitioner within the preceding thirty days.

Punishment

(3) Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule I

  1. is guilty of an indictable offence and liable to imprisonment for a term not exceeding seven years; or
  2. is guilty of an offence punishable on summary conviction and liable
    1. for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and
    2. for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

Punishment

(4) Subject to subsection (5), every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule II

  1. is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years less a day; or
  2. is guilty of an offence punishable on summary conviction and liable
    1. for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and
    2. for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

Punishment

(6) Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule III

  1. is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years; or
  2. is guilty of an offence punishable on summary conviction and liable
    1. for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and
    2. for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

Punishment

(7) Every person who contravenes subsection (2)

  1. is guilty of an indictable offence and liable
    1. to imprisonment for a term not exceeding seven years, where the subject-matter of the offence is a substance included in Schedule I,
    2. to imprisonment for a term not exceeding five years less a day, where the subject-matter of the offence is a substance included in Schedule II,
    3. to imprisonment for a term not exceeding three years, where the subject-matter of the offence is a substance included in Schedule III, or
    4. to imprisonment for a term not exceeding eighteen months, where the subject-matter of the offence is a substance included in Schedule IV; or
  2. is guilty of an offence punishable on summary conviction and liable
    1. for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and
    2. for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.