I Have Been Charged With Drug Possession. What Do I Do?

Being charged with drug possession can be scary when you’re unsure of the legal procedure and consequences. To avoid serious penalties, you must understand the charges associated with drug possession and how to build effective defence strategies with your criminal defence lawyer in Richmond Hill. 

Read on to discover more about drug possession charges, laws regarding this crime, and the next steps for reducing your penalty. 

Understanding Drug Possession Charges

Drug possession charges are the possession of illegal controlled substances that don’t come with authorization. Controlled substances fall under the Controlled Drugs and Substances Act (CDSA), which classifies them into different schedules based on their risk of abuse and harm to physical health. 

Below are the schedules for illegal drugs in Canada: 

• Schedule 1: Heroin, oxycodone, cocaine, fentanyl, opium, methamphetamine, morphine and amphetamines. 
• Schedule 2: Cannabis and its derivatives, such as Hashish.
• Schedule 3: Lysergic Acid Diethylamide (LSD) and Psilocybin (magic mushrooms).
• Schedule 4: Barbiturates, benzodiazepine, diazepam, and anabolic steroids. 
• Schedule 5: Derivatives of N-Phenyl-4-piperidinamine and its salts. 
• Schedule 6: Class A Precursors.
• Schedule 7: Cannabis over 3 kilograms increases the penalty.
• Schedule 8: Cannabis resin over 1 kilogram, or 30 grams of cannabis, can trigger lesser penalties.

The penalties for drug possession charges in Canada vary depending on factors like the type and quantity of the drug, the defendant’s criminal history, and the intent behind the possession. 

Seeking Legal Representation From A Criminal Law Firm

Choosing the right criminal defence lawyer in Richmond Hill can help you build a solid defence against drug possession charges. These legal representatives can explain the charges against you and your rights regarding the criminal justice system. 

A lawyer will review the criminal charge, including how the drugs were discovered and seized during the arrest. They may identify potential violations of your rights, such as an unlawful search. Based on this assessment, the lawyer can develop a strong defence strategy to assert your right to privacy. 

For drug-based criminal charges, our drug trafficking and possession criminal defence lawyers at What The Law can help. We understand it’s a frightening situation, and it’s our duty to protect your rights. Our team of professional lawyers can guide you through the legal process to reduce unnecessary stress on your behalf. 

Potential Consequences Of Drug Possession

The consequences of drug possession depend on the schedule and quantity of the drug. For example, the CDSA states that schedules one, two, and three have the same term of imprisonment. Schedule one has a maximum incarceration period of seven years, while schedule two is five years, and schedule three is three years. 

Here are the common consequences: 

Criminal Record

A drug possession conviction will result in a criminal record, meaning your personal information is recorded in the criminal justice system. This means any repeated charges can be held against your name. 

Criminal records usually have long-term consequences on employment, travel, and personal relationships. 

Imprisonment 

Drug charges may lead to imprisonment if the defendant was trafficking them and already has a criminal record. A lawyer can reduce the sentence if they believe your rights were violated. 

Fines

You may be required to pay a fine for drug possession. The amount can vary depending on the type and quantity of the drug. 

Probation

Instead of a prison sentence, you might be placed on probation, which involves regular check-ins with a probation officer. You must adhere to specific conditions, such as a drug testing curfew, residing at certain locations or with certain people, and/or completing community service. 

Diversion Programs

Similar to probation, some offenders may be offered diversion programs to help them become aware of their actions. These programs ask you to complete requirements like community service and drug education in exchange for having the criminal charges dropped completely. 

Common Defense Strategies For Beating Drug Possession Charges

Defending against drug charges requires careful consideration of the specific circumstances of your case. Each case is unique, and a criminal defence lawyer can evaluate your charge and work towards a favourable resolution. 

Below are some common defence strategies a lawyer might use for your case: 

Unlawful Search and Seizure

If law enforcement conducted an unlawful arrest, search, or seizure without a valid warrant, evidence obtained during the search may be deemed inadmissible in court. This may weaken the charges against you and eventually lead to them being dropped altogether. 

Lack of Knowledge or Control

Proving drug possession means the prosecution must establish you had knowledge of the drug’s presence and control over them. If you can prove that you were unaware of the drugs or didn’t have control of their location at the time, it might challenge the possession charges. In turn, you could receive a lesser fine or punishment. 

Challenging Evidence Chain

Your criminal defence lawyer could challenge the accuracy and relevance of evidence regarding the drugs. If there are gaps in the documentation or the handling of evidence, it can make the sources less reliable in your case. This makes it harder to prosecute you with any serious charges.

Third-Party Possession

Proving that the drugs belong to someone else and you had no knowledge about it could mean you’re not responsible for the possession. 

Get Legal Advice From Our Criminal Lawyers In Richmond Hill

Are you looking for a criminal law firm that will provide you with honest legal advice about your drug possession charges? Contact What The Law today to speak with our criminal lawyers in Richmond Hill. Our criminal defence lawyers are available 24/7 via telephone or text at 647-295-6499.