In Canada, there are several types of drug offences with varying consequences. Drug offences may include the following:
Calgary Drug Offences Lawyer
Drug Possession
If you are found with a controlled or illegal substance, you may be charged with drug possession. First-time offenders found in possession of small drug quantities may be charged a fine and may face probation. Individuals found with larger quantities may face up to five years in prison.
Although the use of recreational cannabis was legalized across Canada on October 17, 2018, there are still legal guidelines for its use, distribution and production. Under the Cannabis Control and Licensing Act, an adult, 19 years or older, can have 30 grams of dried cannabis or the equivalent in other forms.
While you may only receive a ticket for small amounts of cannabis over the limit, you may face up to five years in prison for possession of large quantities.
Drug Distribution, Trafficking, Possession for the Purposes of Trafficking
It is illegal to sell, traffic, or share an illicit substance with another individual. Doing so may result in a drug distribution or trafficking charge. You may also be charged with drug possession with the intent to distribute or possession for the purposes of trafficking, if you are found in possession of a controlled or illegal substance in quantities that are far greater than what would be reasonable for personal use.
The penalties for drug distribution or drug possession with the intent to distribute (possession for the purposes of trafficking) vary greatly depending on the circumstances. The penalty for such offences can range from a fine, 18 months in prison, or both, to life in prison. The sentence will be determined by substance type and quantity.
You can share 30 grams of dried cannabis or the equivalent quantity in other forms with another adult. You cannot, however, sell cannabis without a licence. Illegal distribution of cannabis can carry a penalty of up to 14 years in prison. You may also face up to 14 years imprisonment if you share cannabis with a minor or if you involve a minor in a cannabis-related offence.
The starting point sentences in Alberta for trafficking or possessing for the purposes of trafficking are as follows:
- Three years imprisonment for commercial trafficking in cocaine on more than a minimal scale.
- Four and a half years imprisonment for wholesale trafficking in cocaine.
- Five years imprisonment for low-level commercial trafficking in heroin on a more-than-minimal scale.
- Nine years imprisonment for wholesale trafficking in fentanyl.
A “wholesale” operation is one that traffics large amounts of one or more drugs, or that distributes drugs on a large scale, possibly for resale. Individuals who advance the wholesale aims of these operations, for instance by trafficking wholesale amounts, selling for resale, or directing the activities of other traffickers, are subject to the wholesale starting point.
Importing and Exporting of Drugs
If you move controlled or illegal substances across country borders, you may be charged with importing or exporting drugs. The importation or exportation of drugs is another drug offences that may carry a maximum sentence of life imprisonment, depending on the circumstances. If the substance is cannabis, the maximum penalty is 14 years in prison.
Drug Production
You may face a charge of drug production if you grow or manufacture a controlled or illegal substance for personal use or distribution. Depending on the substance and the quantity, a conviction for drug production may carry a maximum penalty of life in prison.
Adults, except those living in Manitoba, may grow up to four non-medical cannabis plants at their place of residence. You should note, though, that if you live with family members or have roommates, the limit is four plants per household, not per person. If you grow more than the allowed number of plants, you may be charged for producing cannabis beyond personal cultivation limits, which carries a maximum penalty of 14 years in prison.
Possession of Proceeds From Criminal Activities
If you receive financial or property gain from the sale or distribution of an illicit substance, you may be charged with the possession of proceeds from criminal activities. A conviction for the possession of proceeds from criminal activities, where the value does not exceed $500,000, carries a maximum penalty of two years in prison. When the value of the profits from criminal activities exceeds $500,000, the maximum punishment is a prison sentence of ten years.
Contact Our Calgary Drug Offences Lawyer
From the moment you are questioned concerning a drug offence, it wise to consult a drug offences lawyer. If you are searching for a drug offences lawyer in Calgary, contact us at the law office of Jason Wuttunee.
Mr. Wuttunee has practiced law for over fourteen years and was a Crown Prosecutor for eleven years. He knows both sides of the justice system and is committed to pursuing the best possible outcome for his clients at the earliest stage of the prosecution.
Give us a call today and schedule an appointment with our Calgary drug offences lawyer, Jason Wuttunee, to discuss your case.
