SIMPLE POSESSION

Section 4(1) of the Controlled Drugs and Substances Act (CDSA)

Possession of drugs is a considered a criminal offence in Canada contrary to the Controlled Drugs and Substances Act. Although many people are under the impression that marijuana possession has been decriminalized in Canada, it is not and any possession is considered a criminal offence if you have more than 28 grams, which is considered an ounce.

If you plead guilty, or are found guilty of this charge you are considered a criminal and will receive a criminal record for life.

Many times, if this is a first offence the Crown Attorney will consider dropping or withdrawing the charge, or giving the accused “Diversion”.

Diversion is where the charges are dropped in exchange for some course of action by the accused. For Diversion, the Crown Attorney may require the accused to pay a fine, make a charitable donation or perform some sort of community service.

It is very important that individuals charged with such offences seek legal representation and guidance so that the best possible resolution to the charge be obtained.

Absolute discharges or conditional discharges may leave a record that can create issues for you in the future.

Penalties upon conviction:

• Up to 7 years under an indictable charge.
• Up to 6 months under a summary charge.
• A monetary fine of up to $1,000 and up to $2000.00 for each subsequent offence.
• A peace bond
• A criminal record for life.

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