Drug Possession Lawyer in Toronto

Fighting for the Best Outcome for Drug Possession Charges

Societal views have come a long way regarding recreational drugs. Both alcohol and marijuana were illegal to possess at various times in Canadian history. Legal marijuana doesn’t mean the Crown is less severe on those who are charged with drug possession in Toronto. If you are facing drug possession charges, a conviction could lead to a lengthy prison term. Even cases involving minor quantities of specific illegal drugs can have very serious consequences. You need a legal professional on your side to help you fight for your defence. A drug possession lawyer in Toronto could help.

Toronto Drug Possession Defence Lawyer

At AR Law, our law firm knows how quickly a drug charge can derail a life. Unfortunately, it doesn’t take much to be charged with such a crime. You have the right to legal representation from an experienced defence lawyer. Contact AR Law today to schedule a free consultation and learn more about your options.

What Is Drug Possession?

The Controlled Drugs and Substances Act outlines the types of illegal drugs, drug offences, and penalties. The act of drug possession may not involve having a controlled substance in your pocket, bag, purse, or on your person to be charged with this crime. The law defines possession as one of three actions:

• Having illegal drugs on your person
• Knowingly having drugs in any place or the possession of others with your knowledge
• Joint possession, where the owner has consented to another possessing the drug

Unfortunately, this creates circumstances where individuals could be wrongfully accused of possessing controlled substances such as heroin, cocaine, crystal meth, or other drugs. If you’ve been charged with a drug possession offence in Toronto, it’s important that you have experienced legal representation on your side. The long-term consequences of conviction can prove very costly, including prison time, fines, and a permanent criminal record. Speak with our Toronto drug possession lawyer today.

What Are Controlled Substances?

Controlled substances include a wide range of drugs that are classified into schedules based on their potential for harm, medical use, and risk for abuse. These schedules define the legality of substances and dictate the severity of penalties for their possession. Some examples include:

• Schedule I: Cocaine, heroin, fentanyl, and methamphetamine
• Schedule II: Cannabis (beyond legal limits under the Cannabis Act)
• Schedule III: LSD, psilocybin (magic mushrooms), and other hallucinogens
• Schedule IV: Prescription drugs like barbiturates and anabolic steroids without a valid prescription

What Are the Penalties for Drug Possession in Toronto?

The penalties for drug possession vary significantly based on the amount and type of the drug the Crown alleges was in your possession. A criminal defence lawyer can help you better understand the penalties that could be imposed in your case and the strategies that could lead to a more favourable outcome. The factors that impact sentencing include the following:

• Is it a first-time drug offence, or do you have a prior drug conviction?
• How much of the drug was found in your possession?
• What is the type of drug?

Types of Drugs and Penalties for Possession

The type and quantity of a drug play a significant role in the penalties for drug possession. For instance, possession of heroin, cocaine, or morphine (Schedule I drugs) can result in a prison term of up to seven years in a conviction. If you’re charged with possessing “magic mushrooms” or crystal meth (i.e., Schedule III drugs), prison time can be up to three years. 

A first-time offence is generally treated less harshly. Depending on the type and quantity of the drug, it may be possible to have only probation and fines imposed by the judge. The criminal justice system is not easy on drug offenders and, in many cases, will impose very harsh penalties, particularly if it is believed the quantity in the case suggests an intent to sell the drugs (trafficking). If you hope to avoid conviction or face lesser penalties, speak with our drug possession lawyer in Toronto immediately after your arrest. 

What is “Constructive Possession?”

Charges of drug possession could be filed against you for “constructive possession.” These are cases in which the Crown alleges an individual had control of the drugs, without actually handling them personally. These charges can be filed against a person who shares a residence with others. For constructive possession to be effective, it must be established that the accused had given consent for the drugs to be in the location. Under law, where one of two or more persons who have the knowledge and consent of the other parties in the home or other location, all persons are generally charged with possession. 

What to Do If You Are Charged With Possession in Toronto?

Many factors could affect the penalties the court will choose to impose in a drug possession case. The first step is for our drug possession defence lawyer to perform an in-depth review of what occurred. The Crown Attorney will most likely tell you that a plea deal is in your best interest — particularly if this is your first criminal charge. While they may be correct in that assumption, remember that there’s always time to take a plea deal later. For now, focus on letting a legal professional seek the best possible outcome.

Defending Drug Possession Offences: What Defence Strategies Could Be Effective?

If you have been charged with a drug possession offence, you are in a challenging situation. Without the assistance of a talented, experienced criminal defence lawyer, you could make the wrong decision. Several defence strategies could be effective, including but not limited to the following:

• The drugs did not belong to you.
• You were unaware that the drugs were in your home, car, or other location.
• You did not have control of the location or area where the illegal drugs were found.
• Law enforcement violated your rights when searching your person, home, vehicle, or other location. 
• The chain of custody of the evidence was poor, affecting the validity of the evidence against you.

Can You Get a Possession Charge for Marijuana?

Although marijuana usage has been legalized in Canada, you can still face a drug possession charge for having a specific quantity of cannabis on your person. That’s because recent laws only legalized possessing a certain amount of the drug. You can be charged with a Schedule VII or Schedule VIII violation if police arrest you with certain weights on your person. You’re only legally allowed to possess up to 30 grams of dried marijuana — or its equivalent (e.g., one plant seed, 15 grams of edibles) — before you are charged.

Whether you’re accused of possessing fentanyl and other hard drugs or having an amount of cannabis that exceeds the allowable quantity, speak with a drug possession lawyer in Toronto to ensure your best interests are represented.

Could You Be Charged With Drug Trafficking in a Possession Offence?

Facing a possession charge under the Controlled Drugs and Substances Act is a serious legal problem. The situation can be much worse when the Crown Attorney decides to charge you with possession with the intent to sell the drugs to others. The law states that a person commits the crime of trafficking when they “sell, administer, give, transfer, transport, send or deliver [drugs], to sell an authorization to obtain the substance, or to offer to do anything mentioned [above]” concerning the drugs in the case. No mention is made about the exchange of money. That means that no cash needs to change hands for a charge to be filed against you.

Indictable Drug Possession Offences: Intent to Traffic

The Crown can accuse a person of trafficking based on several circumstances. For instance, they may claim that possession of a large amount of cocaine is evidence of intent to traffic. They may also argue that giving an illegal substance to a friend is enough to meet the legal definition of the crime. If you’re facing trafficking charges, life in prison could be the penalty, based on your criminal record, the quantity and type of the drugs in the case. The stakes could not be higher. You need a drug possession lawyer in Toronto on your side who can evaluate the facts in your case, identify any flaws, and present a persuasive case in court to have the charges reduced or dropped altogether. Whatever your situation, you have the right to be represented by a defence lawyer who brings experience, knowledge, and intelligence to every case.

Is It Possible to Avoid a Criminal Record for Drug Possession Offences?

One of the first questions people ask when facing drug possession charges is whether they can avoid a criminal record. In some cases, the answer is “yes.” After all, there will be no criminal record to speak of if your defence lawyer can have charges dropped or secure a “not guilty” verdict on your behalf. Unfortunately, this will not always be possible. There are times when the Crown will have clear evidence against a defendant. It may be possible to avoid a criminal record even in these circumstances.

That’s because your lawyer may be able to seek a discharge on your behalf. These can be absolute or conditional, with no strings attached to the former. Contact our law firm today to schedule a free consultation. AR Law can help you better understand if discharge is a possibility.

Controlled Substances and Possession Offences in Toronto

Drug possession charges in Canada are governed by the Controlled Drugs and Substances Act (CDSA), which outlines various substances that are illegal to possess, produce, or distribute without proper authorization. 

Legal vs. Illegal Possession

Some controlled substances, such as prescription drugs, can be legally possessed when they are medically authorized. Possessing these substances outside of legal limits can result in being charged with possession for having a prescription drug, such as fentanyl, in your possession.

Contact a Drug Possession Lawyer in Toronto Today

Drug deaths have surged in Canada over the past few years, and slowing the flow of dangerous drugs into the community is of great concern to lawmakers. Even simple drug possession can result in serious consequences, even before a conviction. Historically, many people accused of drug possession who were denied bail have later been found not guilty, after being incarcerated caused them to lose a job, a home, or a relationship. Even if you feel you are culpable for a crime, it doesn’t mean you’re not entitled to a strong defence. 

Alternative Sentencing and Drug Possession in Toronto

These alternatives are particularly relevant for first-time offenders or those who face the challenges and struggles of addiction. Options such as diversion programs, conditional discharges, and drug treatment courts allow some who are facing possession charges to avoid a permanent criminal record. Diversion programs can include counseling, community service, or educational courses. A conditional discharge may involve a probationary period with specific conditions, such as attending therapy. These options reflect Canada’s focus on balancing accountability with compassion, recognizing that rehabilitation is often a more effective solution than punitive measures for drug possession offences.

Why Choose AR Law for Drug Possession Defence?

With over 20 years of serving the Toronto community, AR Law brings top-tier defence skills and experience to every case. Exercise your right to remain silent and contact our firm immediately if you have been arrested and charged with a drug offence in Toronto. Early intervention can be vital in these cases. For a free consultation, reach out to us today. At AR Law, our law firm is committed to vigorously pursuing the most favourable possible outcome for each of our clients. In some drug cases, this may result in having all charges dropped or discharged. For serious drug offences where the Crown’s evidence is compelling, we can work to secure a plea. 

You deserve an experienced drug possession lawyer in Toronto on your side, and that’s what our law firm offers. Contact us by calling (416) 960-0781 to schedule a free consultation. We’re here to help.