The Controlled Drugs and Substances Act determines how drug offences are prosecuted. The type of offence one is charge with is directly related to the type of drug and the circumstances of the case. Common drug offences include drug possession, drug trafficking, and production.
If you have been charged with a drug offence, Jeff Gindin, Q.C. can help. He has extensive knowledge in drug offences so you can receive sound legal advice and representation.
There are several potential defences to drug offences. These will vary based upon the circumstances of your case. For instance, in certain situations, law enforcement officers may violate your legal rights, like conducting an illegal search and seizure. When there is a rights violation committed, it is possible to have the charges dismissed, as any evidence seized may be excluded from being presented in Court.
Please keep in mind this is just one example of a potential defence and should not be construed as an actual defence for your case. The only way to determine what defences would apply to your charges is to speak to Jeff Gindin, Q.C.
With the recent passing of the Cannabis Act, it is vital to remember not all cannabis (marijuana) is legal. Until the new Act takes effect later this fall, the possession of cannabis for recreational purposes is still considered a drug offence. Under current drug laws you must have a valid medical marijuana license and have obtained the cannabis from an authorized supplier.
Even after the Act takes effect, the only cannabis that will be considered legal is the cannabis purchased from approved provincial resellers. The distribution, selling and/or possession of cannabis from unauthorized sources will still be considered a drug offence under the Controlled Drugs and Substances Act.
Being charged with any drug offence is a serious crime. Attempting to resolve the charges on your own is never in your best interests. There are essential issues the Crown must evaluate to determine what type of charges to file, such as the volume of drugs and whether the accused was only in possession of the drug, or had intent to traffic.
Furthermore, the Crown must prove the drug seized is an actual illegal drug through appropriate testing. In addition, the Crown has to prove the individual charged with the drug offence was in control of the drug and had full knowledge they were in possession of the drug.
As easy as this might sound, it is not always as easy for the Crown to prove each of these things. There are also serious consequences if one if convicted and found guilty of a drug offence. Certain offences include the potential to be imprisoned for varying periods of time.
For these reasons, it is highly recommended to consult with defence lawyer, Jeff Gindin, Q.C. to discuss your situation and to obtain the best outcome possible. Call now for a free consultation.