POSSESSION, TRAFFICKING, AND PRODUCTION
Drug offences commonly include: simple possession (personal use), importation, production, and trafficking in controlled substances.
A controlled substance includes any one of the substances listed in schedules I-V of the Controlled Drugs and Substances Act. Some of the more common drugs, as they appear in the schedules of the Controlled Drugs and Substances Act are listed below:
Schedule I: Cocaine, Heroin, Amphetamines, Ecstasy, Fentanyl
Schedule II: Synthetic cannabinoids, Nabilone, Parahexyl
Schedule III: Psilocybin (Magic Mushrooms), LSD, Mescaline
Schedule IV: Barbiturates, Benzodiazepines, Anabolic steroids
Police often charge individuals with drug offences after conducting searches of individuals, vehicles, residences and places of business. Drug investigations vary in complexity and length. They can be as simple as a drug seizure following a traffic stop, or as complex as a year-long surveillance and wire-tap investigation involving multiple law enforcement agencies.
Depending on the nature and quantity of the substance, a conviction for drug trafficking can range from a fine to incarceration (including mandatory minimum sentences and even life imprisonment). Furthermore, a drug offence conviction may prohibit a person from entering certain countries such as the US. For this reason, a conviction for drug offences can carry serious and life altering consequences.
The most common defence to drug charges is an exclusion of evidence due to police breaching the Charter of Rights and Freedoms. This is a complex and technical area of law that is constantly evolving. Yoav has extensive experience in Charter litigation. He has worked on the full spectrum of drug charges arising from: motor vehicle stops, marijuana grow-ops and drug labs, undercover drug buys, wire-taps, major drug importation/exportation, commercial and wholesale trafficking, criminal organizations, and conspiracies.
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