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 |
| Maximum | varies |
| Indictable Dispositions | |
| Avail. Disp. | Discharge Suspended Sentence |
| Maximum | varies |
| References | |
| Offence Elements Sentence Principles Sentence Digests | |
Legislation
editPossession 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 Offence
edit- identity of accused
- date and time of incident
- jurisdiction (incl. region and province)
- Possession of Substance (Knowledge, consent, control)
- Substance is a Control Substance under the CDSA (certificate of analysis, chain of possession, amounts found)
- Possession of Substance was not authorized
Interpretation
editAs 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]
Defences
edit- De Minimus
Relevant Trial Motions
edit- Exclusion of public from court (s. 486)