Drugs and Drug Law
In Alberta and indeed all of Canada, drugs and some other substances are legislatively controlled by a combination of the Criminal Code and the Controlled Drugs and Substances Act. Basically all drugs are categorized into different categories, and then the obtaining, possessing, trafficking and cultivating of the different drugs is dealt with in detail. There are special rules regarding search and seizure as well as for the obtaining of search warrants. The Canadian Charter of Rights and Freedoms generally applies.
Schedule I Drugs Include:
- MDMA (Ecstasy)
- Opium poppy derivatives (Opium, Heroin, Oxycodone, Hydromorphone, etc.)
- (Partial list only.)
Schedule II Drugs Include:
- Cannabis, its preparations, derivatives and similar synthetic preparations . . .
- (Partial list only.)
Schedule III Drugs Include:
- Some Barbiturates
- Vicodin (hydrocodone/acetaminophen)
- (Partial list only.)
There are other Schedules and these lists are not meant to be exhaustive. The legislation is really complex and detailed, running many many pages in length. There are threshold amount for some drugs.
Drug convictions are serious entries on a criminal record. These types of convictions will likely disallow you entry into the United States and perhaps other countries as well.
Sentencing is difficult to predict with drug charges and it really depends a great deal on the circumstances of every case, including whether the charges are for possession, possession for the purpose of trafficking, actual trafficking, cultivating (“grow houses”), quantities involved and what type of drugs are involved. Sentences for trafficking in cocaine and heroin result in starting point sentencing at a term of years in jail. If charged with these types of offences, you need to speak to Mr. Penny immediately. He is experienced in defending these types of offences
As an accused you are considered innocent until proven guilty. In addition there are certain procedural, legal and constitutional protections given to you but it is up to you to get a lawyer who can make sure that your rights are not overlooked in the whole process. The bottom line is that if you have any type of drug charge against you, you need to speak to Mr. Penny immediately. This is especially so if the drugs involved are cocaine, heroin or other hard drugs.
Trafficking and Possession Of Drugs Charges As Defined In The Controlled Drugs and Substances Act
In Canada, drugs are controlled and criminalized by a combination of the Criminal Code of Canada and the Controlled Drugs and Substances Act. Here are a few of the relevant sections of the Controlled Drugs and Substances Act:
Possession of substance
4. (1) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III.
Trafficking in substance
5. (1) No person shall traffic in a substance included in Schedule I, II, III or IV or in any substance represented or held out by that person to be such a substance.
Possession for purpose of trafficking
(2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III or IV.
(3) Every person who contravenes subsection (1) or (2)
(a) subject to paragraph (a.1), if the subject matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life, and
(i) to a minimum punishment of imprisonment for a term of one year if
(A) the person committed the offence for the benefit of, at the direction of or in association with a criminal organization, as defined in subsection 467.1(1) of the Criminal Code,
(B) the person used or threatened to use violence in committing the offence,
(C) the person carried, used or threatened to use a weapon in committing the offence, or
(D) the person was convicted of a designated substance offence, or had served a term of imprisonment for a designated substance offence, within the previous 10 years, or
(ii) to a minimum punishment of imprisonment for a term of two years if
(A) the person committed the offence in or near a school, on or near school grounds or in or near any other public place usually frequented by persons under the age of 18 years,
(B) the person committed the offence in a prison, as defined in section 2 of the Criminal Code, or on its grounds, or
(C) the person used the services of a person under the age of 18 years, or involved such a person, in committing the offence;
Extremely detailed sections then follow dealing with many different aspects of possessing, trafficking and obtaining drugs, and many different categories of drugs, which details are much too involved to list here.
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