Possession of narcotics is a serious criminal offence that involves having illegal drugs on your person or property without legal authorization.
Possession of Narcotics: Criminal Code Definition
Possession of narcotics is defined under Section 4 of the Controlled Drugs and Substances Act.
4 (1) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III.
Marginal note:Obtaining substance
(2) No person shall seek or obtain
(a) a substance included in Schedule I, II, III or IV, or
(b) an authorization to obtain a substance included in Schedule I, II, III or IV
Elements of Possession of Narcotics
To prove possession of narcotics, the Crown must establish:
- The identity of the accused.
- The date and location of the incident.
- That the accused had control over the substance.
- That the substance is a controlled drug under the Act.
- That the accused knew the substance was present and its illegal nature.
Potential Penalties for Possession of Narcotics
Penalties for possession of narcotics can vary based on the substance and circumstances:
- Summary Conviction: Up to 6 months in jail and/or a fine of up to $1,000.
- Indictable Offence: Up to 7 years in prison.
Click here to learn more about the potential penalties for possession of narcotics.
Defences Available for Possession of Narcotics
Possible defences against possession of narcotics charges include:
- Lack of Knowledge: Arguing that you were unaware of the presence of the drug.
- Mistaken Identity: Proving that you were not the person in possession of the drug.
- Charter Violations: Demonstrating that your rights were violated, such as through an illegal search and seizure.
- Possession Authorized by Law: Showing that you had legal authorization to possess the substance.
Click here to learn more about the potential defences available for possession of narcotics charges.
Speak to a Criminal Lawyer Today
Facing possession of narcotics charges requires expert guidance to navigate the complexities of the legal system. A skilled criminal lawyer can challenge the evidence, develop a robust defence strategy, and ensure your rights are protected throughout the process. 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.
