The law surrounding drug offences is an intricate area. Penalties differ upon the quantity of a substance, and can include jail time. A possession charge requires that a person; (1) had a scheduled substance in his/her personal possession, (2) knowingly have the substance in the actual possession or custody of another person or (3) knowingly has the substance in any place for the use of himself or herself or another person.

The most common charges for possession include:

  • Simple possession of marijuana (up to 30 grams) or hashish (up to 1 gram) – Controlled Drugs and Substances Act Section 4(1)
  • Possession of Schedule II Substance (marijuana or hashish) – Controlled Drugs and Substances Act Section 4(1)
  • Possession of Schedule I Substance (cocaine or heroin) – Controlled Drugs and Substances Act Section 4(1)
  • Possession of Schedule III Substance (amphetamines, LSD, mescaline, psilocybin) – Controlled Drugs and Substances Act Section 4(1)

The Penalties

Penalties will vary and are dependent on the type of substance and the amount.

Schedule I:

  • Criminal record
  • Jail time of up to 7 years
  • Fine of up to $1000

Schedule II:

  • Criminal record
  • Jail time of up to 5 years
  • Fine of up to $1000

Schedule III:

  • Criminal record
  • Jail time of up to 3 years
  • Fine of up to $1000

Schedule IV:

  • Criminal record
  • Jail time of up to 18 months
  • Fine of up to $1000

Common Questions

Is possessing marijuana still illegal in Canada?

Yes it is and a conviction can prevent you from travel to the United States in addition to a fine and a Criminal Record.

I did have marijuana. Is there any way to avoid a conviction?

Yes there is. Speak to Mike about the Extra-Judicial Sanctions program and how this can prevent a conviction.

Is it serious if I was selling marijuana?

Yes. In Alberta, the courts will almost certainly give you a jail sentence.

The Police had a warrant to search my place. Can they do that?

Before a warrant is granted by a Judge, the police must show certain things. Upon reviewing your case, Mike will be able to tell you if the search was legal. If it wasn’t, that evidence can’t be used against you.

What is the penalty for selling drugs?

A conviction for Trafficking or for Possession for the Purpose Of many hard drugs will result in a sentence of three years or more. Know your options before you go to court. Mike can help.