The main drug offences
Most drug charges are laid under the Controlled Drugs and Substances Act. The most common are:
- Possession: having a controlled substance, such as cocaine, fentanyl, methamphetamine or MDMA, for your own use. For the most serious category of drugs, the maximum is 7 years if the Crown proceeds by indictment.
- Possession for the purpose of trafficking: the Crown says you had the drugs to sell or give to others. This is usually based on the amount, the packaging, scales, cash and messages on phones.
- Trafficking: selling, giving, transporting or delivering drugs. For the most serious drugs, the maximum is life imprisonment.
- Importing, exporting and production, which are prosecuted very seriously.
Cannabis is governed by the separate Cannabis Act. Adults can legally possess limited amounts, but selling it without a licence, or possessing more than the legal limit, is still an offence.
Changes in 2022: diversion and sentencing
In 2022, Parliament repealed the mandatory minimum prison sentences for drug offences and widened the use of conditional sentences, which can be served in the community. It also directed police and prosecutors to consider alternatives, such as warnings or referral to treatment, before charging or prosecuting simple possession. Records of simple possession convictions are also kept separate from other criminal records after a period of time.
In practice, many first-time simple possession cases can now be resolved without a criminal conviction. Trafficking cases are still treated seriously, and jail remains a real possibility.
How drug cases are defended
- Was the search lawful? Searches of cars, homes and phones have strict Charter limits. If a warrant was used, was it properly obtained? If there was no warrant, did police have the legal grounds they needed?
- Possession requires knowledge and control. Being in the same car or apartment as drugs isn't enough on its own.
- For a trafficking charge, does the evidence really show an intent to sell, or is it consistent with personal use?
- Was the substance properly analysed, and was the evidence handled properly from seizure to the lab?
- Has the case been delayed too long? Cases generally have to be finished within 18 months in the Ontario Court of Justice and 30 months in the Superior Court.
When a Charter breach is proven, the judge can exclude the drugs as evidence, which often ends the Crown's case.
Immigration consequences
Trafficking carries a maximum far above 10 years, so a conviction is serious criminality for a permanent resident and can lead to removal. Even a possession conviction can cause problems for students and workers. Because we also practise immigration law, we consider your status before any plea is discussed.
Talk to a criminal defence lawyer in Mississauga today
The earlier we're involved, the more options you have. We answer calls after hours, so call now or request a call back.
Frequently asked questions
Will I go to jail for simple possession?
For a first simple possession charge, jail is unlikely, and police and prosecutors are now required to consider alternatives such as warnings or diversion. The goal is usually to avoid a conviction altogether.
The drugs weren't mine. Why was I charged?
Police sometimes charge everyone in a car or home. To convict, the Crown must prove you knew about the drugs and had some control over them. Being nearby isn't enough on its own.
Can police search my phone?
Generally, police need a warrant to search the contents of a phone, with limited exceptions. If your phone was searched, we look closely at whether it was done lawfully.
Are there still mandatory minimum sentences for drugs?
No. Parliament repealed the mandatory minimum sentences for drug offences in 2022, which gives judges more flexibility, including conditional sentences in suitable cases.
Do you take Legal Aid?
We consider Legal Aid Ontario certificates on a case-by-case basis.
Can we speak in Urdu, Hindi or Punjabi?
Yes. We meet clients in English, Urdu, Hindi and Punjabi.
Related guides
Other charges we handle
This page is general information about Ontario law, not legal advice, and reading it doesn't create a lawyer–client relationship. Laws change, so please speak with us about your situation. Read our full disclaimer.