Drug Possession

You will need a drug possession lawyer if you have been charged with possession or trafficking. The Canadian Criminal Code covers the rules and penalties regarding illegal drug possession. Under the Code, almost every narcotic substance is covered under schedule I, II, III, IV, V or VI (basically everything but Propylhexedrine, salts, and white and red phosphorus). A drug possession charge will impact your job prospects and the ability to travel outside of Canada. More than ever before, employers are conducting random drug tests on their employees and these compulsory drug tests can result in possession charges if the case is further investigated. You will need a criminal drug lawyer to repeal these charges.

Drug Possession Charges

Possessing illegal drugs, such as marijuana, cocaine, ecstasy, methamphetamine, and heroin will result in a drug possession charge. However, in every drug possession case, there exists a question of legal rights and whether or not your rights were violated when you were searched for the drugs in your possession. The Crown Prosecutor may be required to discard the evidence against you and the judge will be obligated to dismiss the charges.

Drug Possession Penalties

The penalties for marijuana, cocaine, or ecstasy possession in Saskatchewan are listed under the Criminal Code. The punishment for anyone who contravenes Section 4(3) of the the Controlled drugs and Substances Act, by obtaining narcotics listed in Schedule 1. (predominately opium, codeine, morphine, thebaine, etc) are severe. Every person who contravenes this subsection:

  • Is guilty of an indictable offence and liable to imprisonment for a term not exceeding 7-years; or
  • Is guilty of an offence punishable on summary conviction and liable for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding 6-months, or to both,
  • And for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding 1-year, or both.

Further to this penalty, Section 4(4) of the Act states, where the subject-matter of the offence is a substance in quantities included in Schedule II (over 30g of cannabis or 1g of resin):

  • Is guilty of an indictable offence and liable to imprisonment for a term not exceeding 5-years (less a day); or
  • Is guilty of an offence punishable on summary conviction and liable for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding 6-months, or to both,
  • And for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding 1-year, or to both.

Contact the Drug Defense Team You Can Trust

A drug possession charge will become part of your permanent criminal record. Although, it is possible that you were acting within your rights and the possession charge may be grounded in non-admissible evidence. We know your rights and you should too. Speak to a criminal offence lawyer with knowledge of drug offences at the Law Office of Regina Criminal Lawyers today.

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