A conviction for a drug offense, even a minor one, can have severe consequences such as fines and imprisonment. A criminal record can affect your job opportunities, travel, and overall future. Major drug offenses can result in long-term imprisonment and some drug trafficking offenses also have mandatory minimum sentences that must be imposed upon conviction. It is crucial to seek the advice of an experienced lawyer when facing criminal charges, especially when facing the possibility of a mandatory jail term. Having successfully defended countless clients with drug charges, Mr. Semyonov is a trusted criminal defense lawyer to help navigate and guide you through the legal process ensuring you are treated fairly.

Drug trafficking: Selling drugs, even on a small scale, can lead to drug trafficking charges. Solely an indictable offense for Schedule I and II drugs, trafficking is one of the most severe drug charges and carries a maximum penalty of life in prison. Depending on the drug Schedule, other maximum penalties include 10 years imprisonment for Schedule III or V and three years imprisonment for Schedule IV. Trafficking charges come with mandatory minimum sentences of one to two years imprisonment if there are aggravating factors such as committing the offense near a school, involving juveniles, or using threats during the trafficking activity. If treated as a summary offense, maximum penalties range from one year to 18 months imprisonment, depending on the drug class.

Drug production and unlicensed grow ops: Production of drugs, also known as cultivation, is a serious crime under the Controlled Drugs and Substances Act. This can include manufacturing, synthesizing, altering the chemical or physical properties of the substance, propagating, or harvesting the substance or any living thing from which the substance can be extracted. Even offering to produce an illegal substance is considered a crime under this act. Penalties for production or cultivation can range from a maximum jail sentence of 3 years to life, depending on the quantity and type of substance involved. Cultivating marijuana in excess of the personal limit (up to 4 cannabis plants per residence for personal use), growing marijuana for sale without a license, or manufacturing any other drug can result in drug production charges. Production of drugs like cocaine or heroin can result in a life imprisonment sentence and if you have been charged with production or cultivation of an illegal substance, it is highly recommended that you seek the assistance of Semyonov Law.

Drug importing: Drug importation charges involve illegally transporting drugs from one country to another. People at all levels of a drug importation operation can face these charges, but it is often the middle man or the low-level “drug mule” who is caught crossing a border and arrested. The prosecution in a drug importation case must not only prove that the accused imported or caused drugs to be imported into Canada, but also that the accused had knowledge that the substance in question was a controlled drug or substance. The penalties for importing drugs prohibited under the Controlled Drugs and Substances Act can range from 10 years to life imprisonment, depending on the type and quantity of the drug. Importing “hard drugs” like heroin or cocaine carries a harsher penalty than importing “soft drugs” like hashish or marijuana. The weight and quantity of the drug play a significant role in sentencing. Mandatory minimum jail terms apply for drug importation cases that occurred after November 6th, 2012 for schedule 1 or schedule 2 drugs under the Controlled Drugs and Substances Act.

If you have been charged with a drug offense in the Greater Toronto Area, it is crucial to seek the help of an experienced criminal lawyer. Regardless of the type of charge, such as possession, trafficking, production, or import/export, a criminal conviction for a drug offense can have severe and lasting impacts on your life.

In Ontario, drug laws fall under the jurisdiction of Canada’s Controlled Drugs and Substances Act (CDSA) rather than the Criminal Code. The seriousness of the drug charges determines whether the police and courts will charge it as an indictable or summary offense. Penalties for summary conviction offenses usually include fines and a potential maximum sentence of two years in jail. Though less severe than an indictable offense, a summary conviction can still lead to a criminal record. A conviction for the more severe indictable offense carries penalties that range from two years to life in prison, as well as fines, other consequences, and a likely criminal record.

Drug Classes and Sentencing

The maximum sentence for trafficking drugs listed in Schedule I and/or II is life in prison (25 years)

The maximum sentence for trafficking drugs listed in Schedule III is between 18 months to 10 years in prison

The maximum sentence for trafficking drugs listed in Schedule IV is between one to three years in prison.

Drug investigations often lead to searches of individuals, vehicles, and homes. The laws related to these matters are complex and the extent of what the police can search will vary on a case-by-case basis.

If you are arrested with drug charges, you have the right to remain silent and contact a criminal defense lawyer for a consultation. Being charged with drug possession or drug trafficking offenses can have both immediate and long-term consequences. Contact Semyonov Law and learn about your drug offenses in Ontario, their penalties, and the defense which you require.