Possession of drugs and other substances

Have you been charged with a drug possession offence? What is a criminal offence of drug possession and what are the consequences?

The offence of possession

The definition of possession is found in section 4(3) of the Criminal Code. According to this provision, the following three elements must be demonstrated:

• The person was in possession of a substance listed in Schedules I to III of the Controlled Drugs and Substances Act;
• They knew that they were in possession of this substance;
• Some control was exercised over this substance.

The presence of all these elements is necessary to find an offence of possession of substances.

Prohibited substances

Under paragraph 1 of section 4 of the Controlled Drugs and Substances Act, it is prohibited to possess substances listed in Schedules I, II and III.

• Schedule I includes many substances, including better-known drugs such as opium, cocaine, morphine, amphetamine and methamphetamine.
• Schedule II prohibits the possession of cannabinoids. In Quebec, under the Cannabis Regulation Act, it is prohibited for a person under 21 years of age to possess or distribute it.
• Schedule III also prohibits the possession of several substances, including psilocybin, better known as a hallucinogenic mushroom or magic mushroom.

Penalties for simple possession

A person in possession of prohibited substances may be found guilty of an indictable offence or summary offence.

In the case of an indictable offence, the maximum period of imprisonment varies depending on the schedule in which the substance is listed. The maximum term of imprisonment is:

• 7 years for a substance in Schedule I;
• 5 years less 1 day for a substance in Schedule II ;
• 3 years for a substance in Schedule III.

In the case of a summary offence, the penalty will be the same regardless of the schedule on which the substance in question is found:

• If it is the first offence, the accused will face a fine of up to $1,000 and/or imprisonment for up to six months;
• If it is a repeat offence of this offence, the maximum fine will be $ 2,000 and / or imprisonment maximum one year.

It is important to understand that even if this is your first time charged with a drug possession offence, you could face jail time.

Possession of cannabis in Quebec

Cannabis has been legal in Quebec since 2018. However, possession of this substance is strictly regulated by legislation, more specifically the Cannabis Regulation Act. The following are the main points relevant to note in relation to the possession of cannabis for personal use:

• For people aged 21 and under, it is simply forbidden to possess or give away cannabis;
• The possession of a cannabis plant and the cultivation of cannabis for personal use is prohibited;
• It is prohibited for anyone to be in possession of more than 150 grams of dried cannabis in places that are not public;
• When there is more than one person aged 21 and over living together, it is prohibited for all of these persons to be in possession of more than 150 grams of dried cannabis;
• No person shall possess cannabis on the premises of an educational institution, on the grounds of a daycare centre or on the premises of a detention centre.

It is also important to note that even in cases where possession is authorized, according to the Cannabis Regulation Act, it is necessary to ensure that cannabis is stored safely and that it is not easily accessible to a minor.

If you are charged with a substance possession offence, please do not hesitate to contact us as soon as possible. Our team of criminal lawyers will ensure that your rights have been respected and offer you the best possible defence in your case.