Drug Possession - Marijuana Lawyers

Mississauga Lawyers


Have you been charged with Possession of Marijuana?

If you have been charged with possession of marijuana or another schedule drug under the Controlled Drugs and Substances Act, section 4, you will need to hire a lawyer to defend your case. Possession of hashish (up to 1 gram), is a Summary offence, and the maximum penalty is 6 months jail, or $1000 fine. Possession of marijuana over 30 grams is a hybrid offence where the Crown can elect to prosecute Summarily or Indictable. The maximum penalty for indictable is 5 years less a day jail. As you can see, there is a significant difference depending on the weight of the marijuana, which will play a role in whether the charge is prosecuted Summarily or by Indictable. The Federal Crown attorney will pursue drug charges vigorously in an effort to ensure that these types of offences which cause harm to the community are a matter of public concern. If you have been charged with a serious offence like drug possession, you must contact an experienced criminal lawyer without delay. We offer free consultations, so do not hesitate to call our office and speak to a lawyer immediately.

The NEW Cannabis Act (October 17, 2018)
, the following criminal activity is defined:

Section 8
(1) Unless authorized under this Act, it is prohibited

(a) for an individual who is 18 years of age or older to possess, in a public place, cannabis of one or more classes of cannabis the total amount of which, as determined in accordance with Schedule 3, is equivalent to more than 30 g of dried cannabis;

(b) for an individual who is 18 years of age or older to possess any cannabis that they know is illicit cannabis;

(c) for a young person to possess cannabis of one or more classes of cannabis the total amount of which, as determined in accordance with Schedule 3, is equivalent to more than 5 g of dried cannabis;

(d) for an individual to possess, in a public place, one or more cannabis plants that are budding or flowering;

(e) for an individual to possess more than four cannabis plants that are not budding or flowering; or

(f) for an organization to possess cannabis.

Punishment

(2) Subject to section 51, every person that contravenes subsection (1)

(a) is guilty of an indictable offence and is liable

(i) in the case of an individual who is 18 years of age or older, to imprisonment for a term of not more than five years less a day,

(ii) in the case of a young person, to a youth sentence under the Youth Criminal Justice Act, or

(iii) in the case of an organization, to a fine in an amount that is in the discretion of the court; or

(b) is guilty of an offence punishable on summary conviction and is liable

(i) in the case of an individual who is 18 years of age or older, to a fine of not more than $5,000 or imprisonment for a term of not more than six months, or to both,

(ii) in the case of a young person, to a youth sentence under the Youth Criminal Justice Act, or

(iii) in the case of an organization, to a fine of not more than $100,000.

Definition of medical emergency

8.1 (1) For the purposes of this section, medical emergency means a physiological event induced by the introduction of a psychoactive substance into the body of a person that results in a life-threatening situation and in respect of which there are reasonable grounds to believe that the person requires emergency medical or law enforcement assistance.

Exemption — medical emergency

(2) No person who seeks emergency medical or law enforcement assistance because that person, or another person, is suffering from a medical emergency is to be charged or convicted of an offence under subsection 8(1) if the evidence in support of that offence was obtained or discovered as a result of that person having sought assist­ance or having remained at the scene.

Distribution

Section 9 (1) Unless authorized under this Act, it is prohibited

(a) for an individual who is 18 years of age or older

(i) to distribute cannabis of one or more classes of cannabis the total amount of which is equivalent, as determined in accordance with Schedule 3, to more than 30 g of dried cannabis,

(ii) to distribute cannabis to an individual who is under 18 years of age,

(iii) to distribute cannabis to an organization, or

(iv) to distribute cannabis that they know is illicit cannabis;

(b) for a young person

(i) to distribute cannabis of one or more classes of cannabis the total amount of which is equivalent, as determined in accordance with Schedule 3, to more than 5 g of dried cannabis,

(ii) to distribute cannabis to an organization;

(c) for an individual

(i) to distribute one or more cannabis plants that are budding or flowering, or

(ii) to distribute more than four cannabis plants that are not budding or flowering; or

(d) for an organization to distribute cannabis.

Possession for purpose of distributing

(2) Unless authorized under this Act, it is prohibited to possess cannabis for the purpose of distributing it contrary to subsection (1).

At Scardicchio Law Office Professional Corporation, our Criminal Lawyers have the skills and knowledge to help you defend a marijuana or hashis drug possession charge. We regularly appear for our clients defending drug charges in Federal Court in Brampton, Milton, Newmarket and Toronto. When you retain our office, you are hiring competent lawyers who will give you the time to explain your side of the story. We will review whether any search warrants were allowed in law, or whether they were unreasonable and defend your rights. We will review your disclosure once you have retained us and we will determine many other factors, however, most particularly, whether there was an unreasonable search and seizure in your car or home. Our Criminal Lawyers will successfully defend your case in the courts. If you would like to discuss your criminal charge of marijuana possession, trafficking marijuana, possession of hashis, or other drug charges, please contact us at (647) 607-7529 and speak to a Criminal Lawyer immediately in a free, no-obligation telephone consultation. We want to help you through this difficult time, and our primary focus above all is to have your drug charge withdrawn in order to ensure that you do not receive a criminal record.


Our Criminal Defence Lawyers Are Here To Help

A Law Firm. You Can Trust.

CALL US (647) 607-7529

(647) 607-7LAW


Access the Criminal Code of Canada



Contact Us To Book an Appointment

Contact Our Criminal Lawyers
 


  Lawyers

Our Personal Injury Lawyers service Brampton , Mississauga , Milton , Toronto, Etobicoke , Markham, Richmond Hill, Thornhill, Vaughan , Caledon, Oakville , Burlington , Orangeville Newmarket , Woodbridge , Caledon, Peel, Hamilton, Ancaster, Stoney Creek, Binbrook, St. Catherines, Caledonia, Niagara Falls , Scarborough, North York , Barrie, Collingwood, Wasaga Beach.

Our Criminal Lawyers service Brampton , Mississauga , Oakville , Milton , Toronto , Burlington , Orangeville, Guelph, Caledon , Newmarket , Barrie, Collingwood, Vaughan, Woodbridge, North York, Maple , York Region. Need a Criminal Lawyer? Call us today. Free telephone consultations.

  Disclaimer
All materials contained on this website are made available by Scardicchio Law Office Professional Corporation for informational purposes only and should not be construed as legal advice. The transmission and receipt of information contained on this website does not form or constitute an lawyer-client relationship. Persons should not act upon information found on this website without first seeking professional legal counsel. Read our full terms.

Download our iPhone app here:

Stay up to date with recent Legal News here:

  Contact Us
  Mississauga Law Chambers

151 City Centre Drive, Suite 201,
Mississauga, ON L5B 1M7

  Brampton Law Office

2 County Court Blvd., 4th Floor,
Brampton, ON L6W 3W8

  Oakville Law Office

2275 Upper Middle Road E., #101,
Oakville, ON L6H 0C3

Direct : (647) 607-7529
Local : (905) 593-0499
Business Hours : 8:00 - 6:30
Evening Appointments Available

In association with Trademark logo: criminal lawyers brampton