Canadian Criminal Law/Offences/Drug Possession

This concerns possession of drugs for personal use. For charges related to possession for the purpose of trafficking, see Drug Trafficking.

Drug Possession
Section 4 of the Controlled Drugs and Substances Act
Election / Plea
Election Summary (<1g R or 10g M)
Hybrid
Jurisdiction Prov. Court
SC Judge + PI (Indict.)
SC Jury + PI (Indict.)
Summary Dispositions
Avail. Disp. Discharge

Suspended Sentence
Fine
Fine + Probation
Jail
Jail + Probation (s. 731(1)(b))
Jail + Fine

Conditional Sentence
Maximum varies
Indictable Dispositions
Avail. Disp. Discharge

Suspended Sentence
Fine
Fine + Probation
Jail
Jail + Probation (s. 731(1)(b))
Jail + Fine

Conditional Sentence
Maximum varies
References
Offence Elements
Sentence Principles
Sentence Digests

LegislationEdit

Possession of substance
4. (1) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III.

Obtaining substance
(2) No person shall seek or obtain

(a) a substance included in Schedule I, II, III or IV, or
(b) an authorization to obtain a substance included in Schedule I, II, III or IV from a practitioner, unless the person discloses to the practitioner particulars relating to the acquisition by the person of every substance in those Schedules, and of every authorization to obtain such substances, from any other practitioner within the preceding thirty days.

CDSA

Elements of OffenceEdit

  1. identity of accused
  2. date and time of incident
  3. jurisdiction (incl. region and province)
  4. Possession of Substance (Knowledge, consent, control)
  5. Substance is a Control Substance under the CDSA (certificate of analysis, chain of possession, amounts found)
  6. Possession of Substance was not authorized

InterpretationEdit

As part of the proof of possession, the accused must have knowledge of the narcotic substance.[1] It is not necessary however to be aware of the exact type of drug, rather only be aware that it is illegal.[2]

  1. R v Blondin (1970) 2 CCC (2d) 118 (BCCA)
  2. R v Burgess, [1970] 3 CCC 268 (ONCA)

DefencesEdit

  • De Minimus

Relevant Trial MotionsEdit

  • Exclusion of public from court (s. 486)