Arrested for drug possession? If so, you are likely experiencing a great deal of anxiety. Many people arrested for simple drug possession have never encountered the criminal justice system before. You may be wondering what happens next, how serious the charge is, and whether you could end up with a criminal record.
Drug possession offences in Canada are prosecuted under the Controlled Drugs and Substances Act (CDSA). Every drug possession case is different. The outcome can depend on several factors, including the type of drug involved, the amount seized by police, the circumstances of the arrest, your prior criminal record, and how police obtained their evidence.
Understanding what happens after a drug possession arrest in Brampton can give you a clearer idea of what to expect.
What Constitutes Drug Possession Under Canadian Law?
Drug possession generally refers to knowingly possessing a controlled substance listed in Schedule I, II, or III of the CDSA without legal authorization.
Common substances associated with drug possession charges include:
- Cocaine
- Fentanyl
- Heroin
- Methamphetamine
- MDMA
- Prescription medication possessed without lawful authorization
You do not necessarily need to have the controlled substance physically on you to be charged with possession. Drugs may be found in a vehicle, home, bag, locker, or another location that police allege was under your control.
The Crown will generally need to prove that you knew the substance was present and that you exercised some degree of control over it.
For example, suppose a driver and several passengers are stopped by police, and drugs are later discovered inside the vehicle. The fact that several people were inside the vehicle does not automatically mean that each person possessed the drugs. The surrounding evidence matters.
Do Police Have to Tell You Why You Are Being Arrested?
Yes. When you are arrested or detained, police must tell you the reason. You also have the right to speak with a lawyer without delay.
Following an arrest, police may conduct a search and seize items they reasonably believe are connected to an offence. Depending on the circumstances, these items could include drugs, cash, cellphones, bags, or other property.
After being processed at a police station, you may be released or held for a bail hearing.
Many people charged with simple possession are released after processing. You will usually receive documents telling you when and where you must appear in court. You may also be released with conditions that you must follow while your case is before the court.
The conditions imposed will depend on the circumstances of the alleged offence.
In more serious situations, you may remain in custody until a bail hearing takes place. This can happen when there are concerns about previous charges, existing court orders, public safety, or whether you are likely to attend court as required.
Failing to follow your release conditions can result in additional criminal charges.
What Happens at Your First Court Appearance?
Your first court appearance is usually procedural. You will generally not be required to defend yourself or prove your innocence at this stage.
The court will confirm the charges against you and address preliminary matters such as disclosure, scheduling, and the next steps in your case.
Disclosure refers to the evidence the Crown intends to rely on when prosecuting the charge. It may include:
- Police reports and officer notes
- Witness statements
- Photographs
- Video evidence
- Laboratory test results
- Search warrant materials
- Statements allegedly made by you
Your lawyer can review this disclosure and identify possible weaknesses in the Crown’s case.
What Are the Penalties for Drug Possession?
The possible penalties for drug possession vary considerably depending on the circumstances.
Factors that can affect the outcome include the type of controlled substance involved, the quantity, your previous criminal record, and how the Crown decides to prosecute the case.
Depending on the circumstances, a conviction can result in penalties such as a fine, probation, or imprisonment.
A drug possession conviction can also have consequences outside the courtroom. A criminal record may affect employment opportunities, professional licensing, international travel, and immigration status.
These potential consequences are one reason you should have the entire case reviewed before assuming that a drug possession charge will result in a conviction.
Can Drug Possession Charges Be Dropped?
Yes. In some cases, drug possession charges may be withdrawn, stayed, or otherwise resolved without a conviction.
The outcome will depend on the strength and reliability of the evidence, along with the circumstances surrounding the accused and the alleged offence.
Your lawyer may consider questions such as:
- Did police have lawful grounds to detain or arrest you?
- Was the search conducted lawfully?
- Did police have the legal authority to search your vehicle, home, locker, bag, or other property?
- Did you know the drugs were present?
- Can the Crown prove that you possessed or controlled the substance?
- Were your Charter rights violated?
- Is the evidence reliable and admissible?
If drugs were discovered during an unlawful search, your lawyer may ask the court to exclude the evidence under section 24(2) of the Canadian Charter of Rights and Freedoms.
If important evidence is excluded, the Crown may have greater difficulty proving the charge beyond a reasonable doubt.
Simple Possession vs. Possession for the Purpose of Trafficking
There is an important difference between simple drug possession and possession for the purpose of trafficking.
Simple possession generally involves possessing a controlled substance for personal use.
Possession for the purpose of trafficking involves an allegation that the drugs were intended to be sold, distributed, or otherwise trafficked.
Police may examine factors such as:
- The quantity of drugs found
- Packaging materials
- Scales
- Cash
- Text messages
- Cellphone records
- Other evidence suggesting distribution or sale
Possession for the purpose of trafficking is a more serious charge than simple possession and can carry significantly greater penalties following a conviction.
What Should You Do After Being Arrested for Simple Drug Possession?
Keep copies of every document provided to you by police and make sure you know your next court date. Follow all conditions placed on your release.
Avoid discussing the details of your case on social media. You should also be cautious about discussing the allegations with people who could later become witnesses.
Speak with Gurasish for a free consultation as soon as possible after your arrest. Gurasish can review the evidence, explain your rights, identify possible Charter issues, and determine what defence options may be available based on the circumstances of your case.