are covered under the
Controlled Drugs and Substances Act. There are basically 5 types
of drug offences commonly seen in the courts; Possession,
Possession for the Purpose of Trafficking, Trafficking,
Production, and Importing. The penalties for the various
offences depend on the type of drug involved as well as the
amount. the involvement of weapons also has an effect on
possession involves and allegation of having a quantity of a
controlled drug for your own use. Often if a small amount is
found or if there is a problem in proving a trafficking purpose
the charge will be laid as simple possession.
for the Purpose of Trafficking
This charge involves possession
of a substance where the authorities feel that the individual
was going to sell them to another but they did not observe the
sale. Typically the police will have to find a larger amount of
the substance combined with other items that suggest possession
for sale, such as scales, large sums of money, separate
packaging, debt lists, etc. The range of punishment for this
charge is the same as for trafficking and varies greatly
depending on the substance.
This charge is typically laid
only if there is an observed transaction. Trafficking is the
exchange of drugs for compensation, money does not have to
change hands for this charge to be made out.
involves the making or growing of a substances whish is listed
in a schedule of the controlled drugs and substances act. This
could be a marijauna grow-op or a methamphetamine lab.
Sentencing for production can be extremely harsh.
Importing involves the bringing of a
controlled substance into the country, commonly referred to as
Charter arguments are very common in
drug cases as often search warrants are obtained and the
information used to obtain the warrants needs to be reviewed
carefully to ensure that the warrant was obtained properly
drug offences varies greatly depending on the specific charge,
substance, and the circumstances surrounding the arrest. In
addition to the penal consequences for a number of drug offences
personal property can be seized by the authorities, such as
houses, cars, phones, computers, etc.
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