Drug Charges

DRUGS CHARGES IN BRITISH COLUMBIA

Drugs charges in British Columbia can include anything from simple possession, possession for the purpose of trafficking, production, importing, and more. Drug offences are typically federal offences that attract severe consequences, such as lengthy jail sentences. It’s important that you have a criminal lawyer that has experience in arguing these types of cases in order to best advise and represent you.

General Drug Offences

Canadian law has a list of charges for drugs and controlled substances:

  • Simple possession: When an individual possess a controlled substance for personal use and does not intend to sell or give it away.

  • Possession for the purpose of trafficking: When an individual possesses a controlled substance for the purpose of trafficking it.

  • Production: When an individual is involved in any part of the production of an illicit drug.

  • Importation: When an individual imports a drug from abroad. The type of drug and amount can significantly vary the potential penalty.

Jaswal & Krueger have successfully defended numerous drug cases by raising issues of identity, convincing a judge to exclude evidence or showing that police breached their duty in a search warrant. In those cases where the evidence was overwhelming, we have resolved drug cases that did not result in a criminal record. Instead, we have gained lesser repercussions for our clients, such as doing community service. You can expect our experienced lawyers to fight hard on your behalf.

The Cannabis Act

Marijuana was legalized in Canada on October 17, 2018. The Cannabis Act was established to regulate its use. The legal age for possessing or sharing up to 30 grams of cannabis varies between the provinces and territories. In British Columbia, individuals aged 19 or older are permitted to have a limit of 30 grams at any given time. Many individuals forget that there is a limit of how much marijuana you can possess, remembering only that it is now legal. It’s essential to thoroughly read the Cannabis Act to prevent oneself from being charged.

Additionally, growing marijuana has restrictions. Each individual per household is allowed to grow up to four cannabis plants from licensed seedlings. The laws are worded with precision and can be confusing, so always consult a lawyer to ensure you are within your rights.

While marijuana is legal across Canada, that is not yet the case within the United States. You might be restricted from entering the United States if you declare prior consumption of cannabis or current possession. When traveling to the United States, US Immigrations and Customs will consider any criminal recrod you might have and a conviction for a drug offence will likely result in a ban from entering the United States.

Some cannabis drug cases we’ve handled involved:

  • Possession over the limit: The penalty can be a ticket if the marijuana amount is small. In larger cases, the penalty is up to five years minus a day in jail.

  • Illegal distribution or sale: If small amounts of marijuana are involved, then the individual will be ticketed. When the amount is large, the individual will be sentenced to up to 14 years in jail.

  • Personal cannabis cultivation exceeding the limit or performed with combustible solvents: Like the previous two offences, this charge entails a ticket for small amounts and up to 14 years in jail for large quantities.

  • Giving or selling cannabis to an individual under the age of 19 (according to British Columbia’s legal age): No matter what the amount of marijuana involved is, the penalty is up to 14 years in jail.

  • Using an individual under the age of 19 to commit a cannabis-related offence: The penalty is a sentence of up to 14 years in jail.

Consequences

Having a criminal record because of drug charges will affect different aspects of your life. If you want to travel to the United States for work or family trips, you may have to jump through several hoops before being granted access, which is a best-case scenario.

According to Part 1 of the Offences and Punishment section of Canada’s Controlled Drugs and Substances Act, “Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III.” The types of drugs included in Schedule I, II, and III are extensive, including commonly known substances like opium and substances less known in the mainstream. It is the job of your criminal defence lawyer to demonstrate reasonable doubt in your case since witness testimonies and even documents with your name are not always reliable sources.

At Jaswal & Krueger, we understand that a drug charge may cause familial alienation, particularly if you have past drug-related offences. We want to assure you that you are not alone, and with our legal assistance, we will defend your rights for a favourable outcome.

Seek Legal Representation

Drug charges are a complicated area of law that often involves applying to exclude the evidence due to breaches of your rights. At Jaswal & Krueger we have the specalized knowledge to defend these specalized charges. If you have been charged with a drug offence, contact us to set up an initial consultation today.

“Mr Jaswal was fantastic. He was straight forward. He laid out what needed to be done. What he figured could be accomplished and came out with the best probable outcome. He was very professional, as well as kind and understanding. He is easy to talk to and will make you feel more comfortable going into court, knowing you are properly represented. Thank you for your service, I hope that I never need your services again, but if I do, I know where to go! I highly recommend Mr Aman Jaswal as your legal representative. He made this extremely difficult time in my life easier to cope with”

J.

“Joshua Krueger provided extremely valuable and excellent legal guidance and services to me during a difficult time. I was happy to trust Mr. Krueger with my charges, and the outcome was extremely favourable because of his expertise. I felt comfortable asking him any questions and he explained all legal terms and situations very clearly. Mr. Krueger and his team respond to texts and emails quickly and are friendly and polite.”

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“I have had the privilege of having Joshua Krueger as an attorney in a situation I’d never thought I’d face. I found Joshua to be experienced, responsive, knowledgeable and honest. While working with Joshua, I felt as though my situation was in adept and trustworthy hands, and he did not steer me wrong. Joshua always made sure I was informed with any information I may need. He answered all emails right away or phone calls, never once had any issue with communication. Grateful to have had someone like Joshua and I would 100% recommend.”

L. P.

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