Drug Offences: Defence Lawyers In Calgary
Drug Offences
A drug offence in Canada are prosecuted under the Food and Drug Act and the Controlled Drugs and Substances Act (CDSA). Although these prosecutions are not under the Criminal Code of Canada, it is still a criminal lawyer representing individuals charged with these offences. The drug offence criminal lawyers at Kahane Law Office in Calgary, Alberta are able to help if you, your child or other loved one is charged with a drug related offence.
Drugs That Canadian Laws Control
Controlled substances in Canada are organized by schedule. Schedule I substances include opiates (like heroin), cocaine, methamphetamine, other amphetamines (such as MDMA) and several other less-popular drugs. Included in Schedule II substances are large amounts of marijuana and its derivatives. Schedule III covers many psychedelic drugs as well as some pharmaceuticals. Schedule IV drugs include some pharmaceuticals that are legal to possess, but illegal to seek, traffic or export. Further schedules include personal quantities of cannabis and substances that can be used to produce drugs.
Drug offences can carry with them fines, lengthy jail sentences, and a criminal record that can deeply impact your life. Therefore, if you have been charged with an offence contrary to the CDSA it is imperative that you seek advice from drug offence criminal lawyers as soon as possible. These offences are highly stigmatized and can prevent you from travelling to the United States or elsewhere, obtaining employment, or volunteering.
What Are Drug Related Charges In Canada
There are several charges that may come up with drugs. Drug offence criminal lawyers are able to deal with each of these types of charges. The drug related charges are:
Simple Possession
Possession for personal use of any substance listed in any of the schedules in the CDSA including, but not limited to marijuana, cocaine, heroin, methamphetamine, and LSD. A conviction for simple possession could affect your ability to travel and obtain employment.
Possession for the Purposes of Trafficking
This usually occurs when the accused has a large quantity of drugs in their possession. The Crown usually has other incriminatory evidence such as scales, packaging materials, and cell phones. The Crown must prove that the accused had possession, and that the possession was for the intent to sell. There needs to be evidence of an offer to sell or evidence that an actual drug sale occurred, beyond a reasonable doubt, in order to convict.
Production, cultivation
Marijuana grow-operations, narcotic production laboratories, and other narcotic manufacturing operations are considered a serious offence and can result in a life sentence in jail.
Defences To Drug Charges
Drug offence criminal lawyers look at the evidence and how it was collected. Evidence must be gathered properly, according to procedure set out in the Criminal Code of Canada. Often, even with a search warrant, these search and seizures are carried out improperly resulting in the evidence being excluded from trial. This is another important reason to retain counsel as soon as you have been charged. Ensure that your Charter of Rights and Freedoms rights were not violated by speaking to a criminal lawyer as soon as possible.
Drug Offence Criminal Lawyers in Calgary
Make sure that you or your loved one is treated fairly under the laws of Canada. If you or someone you know hasbeen charged, call us today. This will let us start working on the best defence that will protect your rights and your future. Call or email today. 403-225-8810 in Calgary, Alberta or email us directly here.