Drug production, including the cultivation or manufacturing of illegal substances, carries significant legal consequences.
Drug Production: Criminal Code Definition
Drug production is defined under Section 7 of the Controlled Drugs and Substances Act.
7 (1) Except as authorized under the regulations, no person shall produce a substance included in Schedule I, II, III, IV or V.
Elements of Drug Production
To prove drug production, the Crown must establish:
- The identity of the accused.
- The date and location of the incident.
- That the accused was producing a controlled substance.
- That the substance is a controlled drug under the Act.
Potential Penalties for Drug Production
Penalties for drug production vary based on the substance and scale of production:
- Indictable Offence: Up to life imprisonment for Schedule I substances.
- Hybrid Offence: Up to 10 years for Schedule III substances; up to 3 years for Schedule IV substances when prosecuted by indictment.
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Defences Available for Drug Production
Possible defences against drug production charges include:
- Lack of Knowledge: Arguing that you were unaware of the production activity.
- Mistaken Identity: Proving that you were not involved in the production.
- Charter Violations: Demonstrating that your rights were violated, such as through an illegal search and seizure.
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Speak to a Criminal Lawyer Today
Facing drug production charges requires expert guidance to navigate the complexities of the legal system. A skilled criminal lawyer can help navigate the complexities of drug production charges, challenge the evidence, and build a robust defence to protect your rights. For a comprehensive approach and the best possible outcome, consult with a professional. Call (855) 585-1777 to receive a free consultation with a criminal lawyer today.