List of Drug Charges and Sentences: What You Need to Know

Canada’s drug laws are governed by the Controlled Drugs and Substances Act (CDSA). It sorts offences based on:

• The classification of the drug (Schedule I substances like heroin, fentanyl, and cocaine carry the most severe consequences)
• The amount
• Your intent (personal use vs. trafficking)
• Where the alleged offence happened (e.g. near schools, correctional facilities)
• Whether weapons, violence, or prior criminal history are involved

You could be caught with a few grams and end up with no charge—or you could be pulled over with similar quantities and face trafficking accusations, depending on what else the police find (baggies, a digital scale, messages on your phone). It’s not just about what you have—it’s about what they think you were doing with it.

Here’s a general list of drug charges and sentences under Canadian law. This isn’t a sliding scale—it’s a spectrum. Where you land on it depends heavily on the facts, the Crown’s approach, and the defence strategy applied:

• Simple possession
• Possession for the purpose of trafficking
• Trafficking
• Importing/exporting
• Production of a controlled substance

The name of the charge might sound technical—but the consequences are very real. “Possession” might lead to a fine or discharge. “Trafficking” could bring jail time, even on a first offence. The legal difference between the two? Often, it’s a matter of interpretation—and that’s where experienced legal defence becomes critical.

It is—but it’s charged less frequently than it once was. Since cannabis was legalized in 2018 and federal enforcement priorities began shifting, simple possession of small amounts—particularly when unaccompanied by other offences—has often been diverted or resolved without conviction.

But for Schedule I substances like cocaine, meth, or heroin, possession charges still show up in courtrooms. Police may pursue them when the individual has a record, is in a sensitive location (like near a school), or when officers suspect that the drugs are linked to trafficking activity.

So yes, it still happens. Just not in every case—and not always how you’d expect.

For most drug possession offences, especially involving small quantities, there is no mandatory minimum sentence. These cases may result in a discharge, a fine, or a conditional sentence order—particularly for first-time offenders.

But when possession is tied to aggravating factors—such as being near a school, having a weapon, or associating with organized crime—things escalate. The Crown may argue that what looks like possession is actually possession for the purpose of trafficking. If the court agrees, the sentence can be much more significant andincrease depending on prior convictions and the circumstances.

Sentencing in drug cases doesn’t follow a formula—it follows a story. Judges consider:

• The type and quantity of drug

• Whether the substance was for personal use or commercial gain

• Evidence of addiction, exploitation, or coercion

• The accused’s criminal history (if any)

• Whether public safety or vulnerable individuals were endangered

It’s one thing to be arrested with a few pills and no prior charges. It’s another to be found with an ounce of fentanyl, two phones, and a loaded weapon in the trunk. The court sees these as two very different kinds of problems—and the sentence reflects that.

In some cases, especially where rehabilitation is possible, a judge may lean toward a community-based sentence. In others, especially where large quantities or violence are involved, jail is the expected outcome.

To understand what the Crown must prove in drug cases, we cover it here: What Prosecutors Must Prove with a Drug Offence

Let’s talk numbers—while remembering that these are rough estimates:

• Simple possession: Frequently resolved without jail time, especially if no priors

• Possession for purpose of trafficking: Often 6 months to 2 years

• Trafficking: Can result in 2 to 15 years, depending on the context

• Production or importation: In serious cases, sentences start at 2 years and can exceed 10

So, what is the most serious drug charge? Large-scale trafficking or production of Schedule I drugs (think fentanyl or heroin), especially when linked to organized crime or weapons. These cases are prosecuted aggressively—and leniency is rare.

Every case is different—but our approach is consistent: protect your rights, challenge flawed assumptions, and push for outcomes that reflect the full picture—not just the charge.

Was there a lawful basis for the stop? Was the warrant valid? Were your Charter rights violated? If so, the drugs may be excluded from evidence.

Drugs found in a car don’t automatically belong to the driver. Texts don’t always mean intent to traffic. We push back on weak inferences—and show the court where the evidence ends and speculation begins.

Sometimes the best result isn’t at trial—it’s in negotiation. We work with addiction specialists, diversion programs, and Crown counsel to advocate for outcomes that preserve futures. That could mean no record. It could mean reduced charges. It could mean getting you or your loved one the support needed to move forward.