To be in possession of a substance, one must have knowledge and control of the substance. What constitutes “knowledge” and what constitutes “control” is intricately defined through years of case law. Many people mistakenly believe that they can only be charged with Possession if they actually hold a drug or have it on their person. However, Possession can include joint Possession. Where one person holds a drug with the knowledge, consent, and assisted control of others, all parties can be convicted of the offence. A person can also be in Possession of a drug if that person has it knowingly stored anywhere and that person has a measure of control.

A knowledgeable and experienced criminal lawyer can be of vital assistance in examining whether all of the required elements of the offence, including knowledge and control, can be proven. If you have been charged with Possessing an illegal drug or controlled substance, do not take the charges lightly. Even a conviction of simple Possession of a small amount of a controlled substance for personal use can result in imprisonment and/or fines.

Resist the urge to face these charges alone, no matter how small. We are often able to secure the withdrawal of charges or an acquittal. However, even where the Crown has a strong case against you, we can work to ensure the best possible outcome.

Consequences of a Drug Possession Conviction:

The various possible penalties for a Possession conviction depend on the type of drug, the quantity of the substance as well as the alleged purpose of Possession. Under the Controlled Drug and Substances Act, a conviction for Possession can carry a maximum possible penalty of up to 7 years imprisonment for certain “hard drugs”.