If you’re facing charges related to drug-related offences, it’s imperative to consult with experienced legal experts immediately. Our team of Brampton Drug-Related Offenses Lawyers is committed to defending individuals accused of such serious charges.

Understanding the gravity of these charges and the significant repercussions they can bring, our approach involves a thorough examination of your case’s specifics, meticulous analysis of the evidence, and the development of a strong defence strategy tailored to your situation. Our Brampton Criminal Lawyer is dedicated to offering you the personalized support and vigorous defence you need.

We offer complimentary consultations with our team of skilled Criminal lawyers in Brampton, ON, to explore how we can assist you. Our areas of expertise encompass various legal matters, including Careless Driving, Dangerous Driving, and Impaired Driving.

While our drug-related offence services are centred in Brampton, Ontario, we extend our representation to clients across the Greater Toronto Region, encompassing areas such as Oakville, Mississauga, Milton, and Burlington.

Don’t face these charges alone. Contact us today to schedule a consultation with our Brampton Criminal Lawyer to safeguard your future.

Drug Related Offences lawyer

Controlled Drugs and Substances Act

The relevant provisions of the Controlled Drugs and Substances Act are set out below:

  1. Section 4 deals with “simple possession”;
  2. Section 5 deals with “possession for the purpose of trafficking” and trafficking;

Trafficking is defined as

  1. To sell, administer, give, transfer, transport, send or deliver the substance,
  2. To sell an authorization to obtain the substance, or
  3. To offer to do anything mentioned in (a) or (b).

1.1 Section 6 deals with “possession for exporting” and “importing or exporting”;

1.2 Section 7 deals with “production”;

1.3 Section 10 sets out aggravating factors that a court must take into consideration on sentencing.

Section 4
Possession Of Substance

1) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III.

2) Obtaining substance

No person shall seek or obtain
  1. A substance included in Schedule I, II, III or IV, or
  2. An authorization to obtain a substance included in Schedule I, II, III or IV

From a practitioner, unless the person discloses to the practitioner particulars relating to the acquisition by the person of every substance in those Schedules and of every authorization to obtain such substances from any other practitioner within the preceding thirty days.

Punishment

3) Every person who contravenes subsection (1) where the subject matter of the offence is a substance included in Schedule I

  1. Is guilty of an indictable offence and liable to imprisonment for a term not exceeding seven years; or
  2. Is guilty of an offence punishable on summary conviction and liable
  3. For a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and
  4. For a subsequent offence, to a fine not exceeding two thousand dollars, to imprisonment for a term not exceeding one year, or to both.

4) Subject to subsection (5), every person who contravenes subsection (1) where the subject matter of the offence is a substance included in Schedule II

  1. Is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years less a day; or
  2. Is guilty of an offence punishable on summary conviction and liable2.1  For a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and2.2 For a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

5) Every person who contravenes subsection (1) where the subject matter of the offence is a substance included in Schedule II in an amount that does not exceed the amount set out for that substance in Schedule VIII is guilty of an offence punishable on summary conviction and liable to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both.

6) Every person who contravenes subsection (1) where the subject matter of the offence is a substance included in Schedule III

  1. Is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years; or
  2. Is guilty of an offence punishable on summary conviction and liable2.1 For a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and
    2.2 For a subsequent offence, to a fine not exceeding two thousand dollars, to imprisonment for a term not exceeding one year, or to both.

7) Every person who contravenes subsection (2)

1. Is guilty of an indictable offence and liable

     1.1 To imprisonment for a term not exceeding seven years, where the subject-matter of the offence is a substance included in Schedule I,

     1.2 To imprisonment for a term not exceeding five years less a day, where the subject-matter of the offence is a substance included in Schedule II,

     1.3 To imprisonment for a term not exceeding three years, where the subject-matter of the offence is a substance included in Schedule III, or

     1.4 To imprisonment for a term not exceeding eighteen months, where the subject matter of the offence is a substance included in Schedule IV; or

2. is guilty of an offence punishable by summary conviction and liable

     2.1 for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and

    2.2for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

Classifications

Once illegal drugs are in question, specific contexts constitute an illegal act.

First, there is the matter of having or owning drugs, which is typical of those who are the end-users of the products. For example, if heroin is illegal in your jurisdiction (which it most likely is), then you would have crossed this line by possessing or using any of it.

Note that even if you are simply transporting the drug on behalf of someone else, possession charges can still be laid against you.

Next, supplying others with drugs constitutes an illegal act. This case, of course, tends to apply to dealers and suppliers from whom end-users purchase or otherwise acquire unlawful drugs.

Third, the manufacturing of illegal drugs is strictly prohibited. The creation process precedes the supply process, and those implicated at this point are also looking at potentially severe punishments.

Finally, trying to export drugs from your country of origin or to import them from other countries also typically constitutes a crime.

Note that if you do not fall under any of these categories but knowingly provide the facilities, such as a building for drug-related activities to take place. A charge can also be brought against you.

Drug Related Offences? Get Help From Experienced Criminal Lawyer in Brampton, Canada

If you are charged with a drug-related offence in Brampton or surrounding cities, you need an experienced and passionate lawyer. 

At FMK Law Group, Fadi Matthew Kazandji has a proven track record of thwarting attempts to confiscate property or assets under the banner of “proceeds of crime” in Canada.

Let Fadi Matthew Kazandji guide you through your legal battle, often achieving charge reductions or even dismissals. As a seasoned Brampton criminal defence attorney, Fadi Matthew has adeptly negotiated trafficking charges down to mere possession, often resulting in sentences of community service or counselling. 

Take the crucial step of scheduling a free consultation with Fadi Matthew Kazandji. Don’t navigate these waters alone; let expertise and experience lead your defence.