drug possession
Knowledge

Consequences of a Drug Possession Conviction in Ontario

January 2023

Drug possession charges in Ontario are a serious matter. Regardless of your background, if you are facing a first-time offense or have a prior criminal record, a conviction for drug possession can have a significant impact on your life including gaining employment and traveling. At Titan Defence, we are experienced at dealing with drug possession charges and are dedicated to providing our clients with the strong defence they need to protect their rights and freedom.

How Drug Possession is Defined in Ontario

Drug possession is defined as the unauthorized possession of a controlled substance, as outlined in the Controlled Drugs and Substances Act (CDSA), includes a range of drugs, including illicit substances such as cocaine and heroin, as well as prescription drugs that are obtained without a valid prescription or in a manner that is not authorized by law. It it is illegal to possess, produce, sell, or distribute controlled substances under the CDSA

The penalties for drug possession can vary depending on the type and quantity of the drug in question, as well as the individual's prior criminal record. Possession of a small amount of an illicit drug for personal use is considered a less serious offense compared to possession with intent to traffic or produce. However, possession of any amount of illegal drugs is considered a criminal offense in Ontario, and those charged may face serious consequences.

The CDSA divides drugs into different schedules, with Schedule I drugs considered the most dangerous and Schedule IV drugs considered the least dangerous. The schedules are used to classify controlled substances and determine the legal penalties for possession, production, and distribution.

  • SCHEDULE I – Heroin, cocaine, opium, oxycodone, fentanyl, morphine, methamphetamine, and amphetamines.
  • SCHEDULE II – Cannabis its preparations and derivatives, such as Hashish.
  • SCHEDULE III – Lysergic Acid Diethylamide (LSD) and Psilocybin (magic mushrooms).
  • SCHEDULE IV – Barbiturates, diazepam, benzodiazepine and anabolic steroids are examples.
  • SCHEDULE V – Repealed
  • SCHEDULE VI – Class A Precursors.
  • SCHEDULE VII – specifies 3 kilograms as an amount of Cannabis that triggers certain higher penalties.
  • SCHEDULE VIII – Specifies 1 gram of cannabis resin, or 30 grams of cannabis, as amounts that can attract lesser penalties

It's important to note that possession, production, distribution or selling of any schedule drugs is illegal in Ontario and may lead to criminal charges. The penalties for drug possession can vary depending on the type and quantity of the drug in question, as well as the individual's prior criminal record. It's important to seek legal advice from a criminal defence lawyer if you are facing drug possession charges.

Different types of Drug Possession in Ontario Law

In Ontario law, there are different types of drug possession that are defined by the CDSA. The main types of drug possession are:

  • Simple possession: This is the possession of a controlled substance for personal use. It is considered a less serious offense and is usually punished with fines or short-term imprisonment.
  • Possession for the purpose of trafficking: This is the possession of a controlled substance with the intent to sell or distribute it. This is considered a more serious offense than mere possession and carries harsher penalties, such as longer prison sentences.
  • Possession for the purpose of production: This is the possession of a controlled substance with the intent to produce it, such as growing marijuana plants. This is also considered a more serious offense and carries harsher penalties.
  • Possession of proceeds of crime: This is the possession of money or property obtained through illegal drug activity. This is considered a separate offense and also carries harsher penalties.

The severity of the charges and penalties will vary depending on the quantity and type of drug in possession, as well as the individual's prior criminal record. 

What is the Range of Sentences for Drug Possession?

The range of sentences for drug possession conviction in Ontario can vary depending on the type and quantity of the drug in question, as well as the individual's prior criminal record. Simple possession of an illicit drug is considered a less serious offense, and penalties may include discharges, fines, probation, or short-term imprisonment. Possession for the purpose of trafficking, production or possession of proceeds of crime are considered more serious offenses, and penalties may include longer prison sentences, fines, and a criminal record.

Possession of drugs such as cocaine, heroin, and fentanyl can result in harsh penalties, including long prison sentences and fines. Sentences may also include a probationary period, community service, and mandatory treatment programs.

It's important to seek legal advice from an experienced criminal defence lawyer if you are facing drug possession charges as the sentence can vary based on the circumstances of each individual case.

Why it is Important to Seek Experienced Legal Advice

Seeking experienced legal advice when facing a drug possession charge is important for several reasons:

  • Understanding the charges and penalties: An experienced criminal defence lawyer will be able to explain the charges against you, the potential penalties, and the legal process you will face. They can also help you understand your rights and the options available to you.
  • Building a strong defence: An experienced lawyer will be able to review the facts of your case, identify any potential legal issues, and develop a strong defence strategy to protect your rights and fight for the best possible outcome.
  • Navigating the legal system: A drug possession charge can be a complex and overwhelming process. An experienced lawyer will be able to guide you through the legal system, represent you in court, and negotiate with prosecutors on your behalf.
  • Sentencing: An experienced lawyer can argue for a reduced sentence or alternative sentencing options, such as treatment programs, instead of prison time. They can also help you understand the implications of a criminal record on your future, as well as work on minimizing its impact.
  • Knowledge of laws and precedents: An experienced lawyer will have a deep understanding of the laws and precedents related to drug possession charges and can use this knowledge to your advantage.

An experienced criminal defence lawyer can provide the knowledge, guidance, and representation you need to navigate the legal system and achieve the best possible outcome in your drug possession case.

How Does a Drug Possession Conviction in Ontario Impact a Person’s Life?

A drug possession conviction in Ontario can have a significant impact on a person's life. This includes:

  • Incarceration: A drug possession conviction can result in a prison sentence, which can separate a person from their family, friends and community. This can also lead to loss of employment, income, and housing.
  • Criminal record: A drug possession conviction will result in a criminal record, which can make it difficult to find employment, housing, or even travel to certain countries.
  • Stigma and social isolation: A drug possession conviction can lead to social stigmatization, which can make it difficult for a person to rebuild relationships and reintegrate into their community.
  • Difficulty in obtaining certain professional licenses: Some professions, such as those in the healthcare, legal and education fields, may have restrictions for individuals with a criminal record, which may limit career opportunities for those convicted of drug possession.
  • Difficulty in obtaining loans and credit: A criminal record can make it difficult for an individual to obtain loans, credit, and other financial services, which can have long-term financial consequences.
  • Difficulty in obtaining insurance: A criminal record may affect the ability to obtain insurance and can lead to higher insurance costs.

It's important to remember that the severity of these consequences will depend on the specific circumstances of each case, such as the type and quantity of the drug in possession, as well as the individual's prior criminal record. It's essential to seek legal advice from an experienced criminal defence law firm like Titan Defence if you are facing drug possession charges, as they can help you understand the potential consequences and guide you through the legal process.

How Titan Defence can Help Fight Drug Possession Charges

The criminal defence lawyers at Titan Defence have a track record of successfully challenging and winning drug possession cases. We wiil explore various defences to ensure that the police did not violate the rights guaranteed to every citizen under the Canadian Charter of Rights and Freedoms. We will help determine if the police did not have a valid reason to stop, detain, or search the individual, or that the police did not have a valid warrant to search the individual or their property.

For example, if the police did not have a valid reason to stop an individual and search them, any evidence obtained during that search may be considered inadmissible in court. This can include drugs found on the individual or in their possession, which can be a powerful argument in court. Similarly, if the police did not have a valid warrant to search an individual's property, any drugs found during that search may also be inadmissible in court, which can weaken the prosecution's case.

The lawyers at Titan Defence are experienced in identifying and challenging any violations of the Canadian Charter of Rights and Freedoms, and can use this knowledge to build a strong defence for clients. They are experienced and focused on the legal principles and court precedents related to search and seizure laws and will work to ensure that their clients' rights are protected throughout the legal process.

Contact Us Today

If you or a loved one are facing drug possession charges in Toronto, it's important to take immediate action and seek experienced legal representation. At Titan Defence, our mission is to uphold the pillars of justice by providing top criminal defence lawyers to our clients. Our experienced team of lawyers understands the serious nature of drug possession charges and is dedicated to providing the strong defence that you need to protect your rights and freedom. We will work tirelessly to challenge any violations of the Canadian Charter of Rights and Freedoms and build a strong case for you. Contact and trust us to defend you, and your rights, and fight for justice


Author: Titan LLP


NOTE: THIS IS NOT LEGAL ADVICE AND THIS SHOULD ONLY BE RELIED ON FOR INFORMATIONAL PURPOSES. THIS BLOG IS NO SUBSTITUTE FOR LEGAL ADVICE BY AN ACTUAL LAWYER. THE LAW ALSO DYNAMIC IS CHANGES OFTEN, AND AS A RESULT, THE INFORMATION CONTAINED HEREIN MAY BE OUTDATED AFTER TIME. THIS BLOG MUST NOT BE RELIED ON AS A SUBSTITUTE FOR ACTUAL LEGAL RESEARCH.