Drug possession charges are serious and stressful, especially when you’re unsure of your rights and legal options. With a skilled drug lawyer in Surrey, you’ll have the guidance to handle your case and minimize potential consequences effectively. Having a trustworthy lawyer and understanding drug possession laws is key to protecting yourself.

In this article, we’ll break down the essential information on drug possession laws and explain how professional legal support can significantly affect your situation.

What Are Drug Crimes?

Drug crimes, also known as drug offences, involve any illegal activities related to the possession, sale, manufacture or distribution of drugs or controlled substances.

The Controlled Drugs and Substances Act (CDSA), Section 1996, c.19, governs these offences. It outlines varying penalties based on the type and quantity of drugs involved.

Types of Drugs and Their Classifications

Drug classifications are crucial for understanding legal consequences. Drugs typically fall into three categories: Schedule I, II and III.

  • Schedule I drugs include substances like opium, fentanyl, codeine and morphine, which are known for their high potential for addiction. Due to their dangerous nature, possessing these substances can result in severe legal consequences.
  • Schedule II includes drugs like cannabis and its derivatives, which have a significant potential for abuse.
  • Schedule III covers drugs like LSD (Lysergic acid diethylamide), PCPr and magic mushrooms.

Decoding Drug Possession Laws

Possession under the Criminal Code goes beyond just having an illegal substance on you. It also includes knowingly allowing someone else to hold or store it somewhere for personal or shared use. If a group is aware and consents, everyone is considered in possession.

For first-time offenders with small quantities of “soft drugs,” courts typically issue penalties such as fines between $250 and $500, along with probation.
However, possession of larger quantities can lead to sentences of up to five years in prison. For those caught with “hard drugs” like cocaine or heroin, jail terms can extend up to seven years.

Possession is classified as a hybrid offence, meaning the Crown prosecutor can treat it as either a serious charge or a summary conviction based on the drug type, quantity and history.

Common Defences Against Drug Possession Charges

A Surrey drug lawyer can help craft a strong defence to challenge the charges against you.

Common defences include:

  1. Lack of Knowledge: If you didn’t know about the drugs in your possession, this could lead to reduced or dismissed charges.
  2. Lack of Control: If drugs were found in a location you didn’t control, like a car you were a passenger in, this could be a valid defense.
  3. Mistaken Substance: If you unknowingly possessed an illegal drug, believing it was something legal, your Surrey drug lawyer could use it in your defence.
  4. Small Quantity Defence: In British Columbia, possessing 2.5 grams or less of certain drugs may provide a specific defence, especially if not near restricted areas like schools or airports.

What Is the Role of a Surrey Drug Lawyer?

An experienced drug lawyer can protect your rights and fight for the best possible outcome in your case.

They will help in the following ways:

  1. Understanding the charges: A drug offence lawyer can explain the laws and penalties relevant to your case and any potential defences that may be available.
  2. Negotiating a plea deal: In some cases, a drug possession lawyer may be able to negotiate a plea deal with the prosecution, which can result in reduced charges or penalties.
  3. Representing you in court: If your case goes to trial, a drug lawyer can represent you and present your defence to a judge or jury.
  4. Protecting your rights: A drug lawyer can advise you on handling interactions with law enforcement and other officials.

Your Drug Lawyers in Surrey

Basra Law Group’s experienced drug possession lawyers work closely with you to build a solid defence and achieve the best possible outcome. Call 604-560-0016 or complete our contact form to get reliable legal support today.