What will happen if you carry Drugs in Canada ?
Let’s talk about drugs in Canada. According to The federal Controlled Drugs and Substances Act (CDSA), If you are found trafficking or in possession of illegal drugs such as heroin, amphetamines and cocaine, you can be charged with a drug offence. it doesnt matter if you knowingly or unknowingly do this or even if the drugs do not belong to you.
CDSA lists all illegal drugs, including heroin, cocaine, and amphetamines. It is illegal to have any of these drugs with you at any time and any possesion.
of course it is important to have an experienced criminal defence lawyer. If you have been charged with a crime such as possession of a narcotic.
According to the federal Cannabis Act, carrying cannabis (weed) is no longer a crime in Canada. But there are legal limits for how much cannabis you can carry. It is good for you to know that the federal minimum age for possession of cannabis in public is 18.
although most provinces and territories have raised the minimum age requirement to 19.
Under the law, the officer must prove certain things before you can be found guilty of possession :
- First, the officer must prove that you had physical drug. which means that the drug was somewhere on your body with you or in a place that you control like your home or your car.
- Second , officer must prove that you knew the substance was an illegal drug.
Hybrid Offence
But you should know that Possession is a hybrid offence. It means the officer will decide whether to treat your case less seriously, or more seriously. The officer’s decision will depend on many factors :
- If it is the first time you have been charged with possession
- The quantity of drugs
- The type of drug.
It’s better for you to know if it is your first offence and you only had a small quantity of a soft drug. a drug such as cannabis over the legal limit, your case will be treated as a summary conviction offence. but possession of a more serious drug, such as cocaine, LSD or heroin may be prosecuted as an indictable offence.
The officer’s choice of whether to proceed by summary conviction or indictment, will also affect the penalties that can be imposed if the accused is found guilty.
If the officer proceeds by summary conviction, the maximum fine for drug possession is a fine of $1,000 and six months in prison. if it is the accused’s for the first time. If it is not, the maximum penalty is a $2,000 fine and one year in prison.
However, the fines usually given by the court for first time offenders possessing soft drugs, range from a fine between $250 and $500 and probation, for small amounts, to a maximum of up-to 5 years in prison for large amounts.
For more serious Drugs in Canada, often referred to as Schedule 1 drugs under the CDSA, such as cocaine or heroin, the officer may ask for a jail sentence even for first-time offenders.
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