Drug charges range from possession of a small amount for personal use to trafficking and importing offences that carry a maximum of life in prison. This page explains the main offences under the Controlled Drugs and Substances Act and the Cannabis Act, and why the way the police found the evidence is often the central issue. A criminal defence lawyer at Law Wise, based in Mississauga and serving the entire GTA and Ontario, can help you respond to a drug charge, from possession to trafficking and importing.
Possession
Section 4 of the Controlled Drugs and Substances Act (CDSA) prohibits possessing a substance listed in Schedule I, II or III unless the regulations allow it. Schedule I includes drugs such as cocaine, heroin, fentanyl and methamphetamine.
Possession has a legal meaning that is wider than having something in your pocket. Under section 4(3) of the Criminal Code, a person possesses a thing when they have it personally, when they knowingly keep it in another place or with another person for their own or someone else’s use or benefit, or when one of several people has it with the knowledge and consent of the others. In each case the Crown must prove knowledge and a measure of control. Being in a car or an apartment where drugs are found is not, on its own, possession.
How Parliament now treats simple possession
Amendments made in 2022 changed the approach to possession for personal use. The CDSA now states that problematic substance use should be addressed primarily as a health and social issue (s 10.1).
- Police. Before laying a possession charge, an officer must consider taking no action, giving a warning, or referring the person to a program or service with their consent (s 10.2).
- Prosecutors. A possession prosecution may be started or continued only if the prosecutor believes a warning, referral or alternative measures are not appropriate (s 10.3).
- Records. A conviction for simple possession is kept separate from other conviction records two years after the conviction or the end of the sentence, whichever is later, and the person is then deemed never to have been convicted of that offence (s 10.6).
- Overdose emergencies. A person who calls for emergency help for an overdose, or who is at the scene when help arrives, cannot be charged with simple possession based on evidence found as a result (s 4.1).
Trafficking and possession for the purpose of trafficking
Section 5 of the CDSA prohibits trafficking and possessing a substance for the purpose of trafficking. “Traffic” means to sell, administer, give, transfer, transport, send or deliver a substance, or to offer to do any of those things (s 2). No payment or profit is needed. Passing a drug to a friend is trafficking in law.
In a “possession for the purpose” case the Crown usually has no sale to point to. It asks the court to infer the purpose from the surrounding evidence: the quantity, how the drugs were packaged, scales, large amounts of cash, several phones, and messages. The Crown often calls a police officer as an expert on these points, and the defence can challenge both the opinion and the facts it rests on.
Importing and exporting (s 6) and production (s 7) are separate offences with similar penalties.
Maximum penalties under the CDSA
- Possession, Schedule I. Up to 7 years by indictment. On summary conviction, for a first offence, a fine of up to $1,000, up to six months in jail, or both.
- Possession, Schedule II or III. Up to 5 years less a day (Schedule II) or 3 years (Schedule III) by indictment, with the same summary conviction penalties.
- Trafficking or possession for the purpose, Schedule I or II. Indictable only. Up to life in prison.
- Trafficking or possession for the purpose, Schedule III or V. Up to 10 years by indictment, or up to 18 months on summary conviction.
- Importing, exporting or production, Schedule I or II. Indictable only. Up to life in prison.
As these sections read today, they set maximum penalties and no minimum jail terms. Source: Controlled Drugs and Substances Act, SC 1996, c 19, ss 2, 4 to 7 and 10 to 10.6; Criminal Code, RSC 1985, c C-46, s 4(3), as they read on 11 October 2026 (Justice Laws versions current to 21 September 2026).
What makes a sentence heavier
On sentencing for trafficking, importing or production, the court must consider aggravating factors listed in section 10(2) of the CDSA. They include carrying or using a weapon, using or threatening violence, trafficking in or near a school or another place usually frequented by persons under 18, trafficking to a person under 18, a previous conviction for a similar offence, and involving a person under 18 in the offence. A court may delay sentencing so that a person can take part in an approved drug treatment court program or another treatment program (s 10(4)).
Cannabis
Cannabis is legal for adults within limits set by the federal Cannabis Act and by Ontario law, which sets the minimum age at 19. Going outside those limits is still an offence. Under the federal Act it is prohibited, among other things, for an adult to possess more than the equivalent of 30 grams of dried cannabis in a public place, to possess cannabis the person knows is illicit, to possess more than four plants, to distribute more than 30 grams or to distribute to a person under 18, and to sell cannabis without authorization (ss 8 to 10). Possession over the public limit carries up to 5 years less a day by indictment, or a fine of up to $5,000, up to six months in jail, or both on summary conviction.
Where drug cases are often decided: the search
In most drug prosecutions the substance itself is not in dispute. The question is whether the police were entitled to find it. Section 8 of the Canadian Charter of Rights and Freedoms protects against unreasonable search and seizure, section 9 protects against arbitrary detention, and section 10(b) guarantees the right to speak with a lawyer without delay on arrest or detention. A defence lawyer examines each step: why the vehicle was stopped, whether a search of a person, car, home or phone was authorized by a warrant or by a recognized exception, whether the information used to get a warrant was accurate and sufficient, and whether the right to counsel was respected. If the court finds a Charter breach, it may exclude the evidence under section 24(2) where admitting it would bring the administration of justice into disrepute. Without the evidence the Crown may be unable to prove the charge. See arrest, search warrants and your rights.
Bail in drug cases
A person charged with trafficking, importing or production of a Schedule I or II substance faces a reverse onus at the bail hearing: the accused must show why detention is not justified (Criminal Code, s 515(6)(d)). A release plan should be prepared before the hearing. See bail hearings.
First steps after a drug charge
- Say nothing about ownershipYou have the right to remain silent. Statements such as “it is all mine” or “it is not mine, it is his” are evidence. Speak with a lawyer first.
- Do not consent to further searchesYou may decline to give a phone password or to agree to a search. Do not physically resist a search; your lawyer can challenge it later.
- Write down how the search happenedRecord the time, place, what the officers said and did, and who was present, while your memory is fresh.
- Follow your release conditionsConditions often restrict phones, places and contact with co-accused.
- See a lawyer before the first court dateYour lawyer requests disclosure, including any search warrant and the information sworn to obtain it.
How Law Wise helps
- Reviewing the stop, detention, search and arrest for Charter compliance.
- Testing the evidence of knowledge and control in possession cases.
- Challenging the inference of trafficking and any expert opinion offered by the Crown.
- Raising diversion, treatment and resolution options where they fit the facts.
- Advising on the effect of an outcome on immigration status, travel and employment.
Your file is handled by a Law Wise lawyer licensed by the Law Society of Ontario. Service is available in English, Urdu, Punjabi and Hindi, and, if you retain the firm, fees are explained and confirmed in writing before work starts.
Common questions about drug charges
The drugs were not mine. I was just in the car. Can I be convicted?
Only if the Crown proves you knew the drugs were there and had some control over them. Presence alone is not enough. Where several people are in a vehicle, who knew and who had control is often the main issue at trial.
Can the police search my phone?
A full search of a phone generally requires a warrant. Courts allow a limited search of a phone on arrest only under strict conditions. You may decline to give your password. Whether a phone search was lawful is something your lawyer will review.
Is sharing drugs with a friend trafficking?
In law, yes. Trafficking includes giving or delivering a substance, with or without payment. The facts still matter a great deal to how the case is treated and to any sentence.
Will a possession conviction stay on my record permanently?
Under the 2022 amendments, a conviction for simple possession under the CDSA is kept separate from other conviction records after two years, and the person is deemed never to have been convicted of that offence. This does not apply to trafficking, importing or production.
I called 911 because someone overdosed. Can I be charged?
Not with simple possession on the basis of evidence found because you sought help or stayed at the scene. The protection does not cover other offences, such as trafficking.
Can a drug conviction affect my immigration status?
Yes. Trafficking, importing and production offences carry long maximum sentences and can have serious consequences for a permanent resident or a foreign national. Get immigration advice before any plea. See immigration.
Charged with a drug offence?
Speak with a lawyer before you speak with the police. Bring your release papers and any search warrant you were given.
This page is general legal information for Ontario, current as of 11 October 2026. It is not legal advice and does not create a lawyer-client relationship. For advice about your situation, please speak with a lawyer.