Generally speaking, you may wonder what the penalty for drug possession is in Canada. The penalty for drug possession is determined by a variety of factors including the type of drug, the quantity the individual was charged with, and factors specific to the individual charged

What type of drug?

First, the penalty for drug possession in Canada will depend on which drug you are charged with possessing. Some drugs treated more harshly than others under Criminal law. This is usually due to the degree of the perceived harm that the drug can cause to its user and to society as a whole. For example, it is likely that, all things being equal, someone charged with possession of fentanyl will receive a harsher punishment than someone charged with possession of psilocybin.

In what quantity?

The quantity of that drug you are charged with also matters. If you are charged with possession of a lesser quantity of the drug, your punishment is likely to be less severe than if you have a larger quantity of the same drug. If you are found in possession of a large enough quantity of a drug, you may also be charged with possession for the purposes of trafficking, for which you can be sentenced to up to life imprisonment depending on the drug and quantity thereof.

Who are you?

In addition, it is important to note that sentencing is a highly individualised process. The court will consider the particular circumstances of the offender when reaching a decision as to the appropriate punishment for that particular offender; be they positive (mitigating) or negative (aggravating) factors. These factors can include, among others, whether you have a previous criminal record, whether you are employed, whether you have any mental health conditions, and whether the court believes you are remorseful for your actions.

At Collett Read LLP, we understand the gravity of drug charges and the potential life-altering consequences they carry. Our dedicated legal team is committed to providing you with personalised attention, effective strategies, and unwavering support throughout the legal process. Get Ontario’s winning legal team on your side.

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