Drug offences, sometimes referred to as narcotics offences are prosecuted differently from offences in the Criminal Code. Drug offences are prosecuted by a federal prosecutor – generally under the Controlled Drugs and Substances Act (CDSA). "Simple" Possession of drugs may be prosecuted in one of two ways: by summary conviction or by indictment. Typically "Simple" Possession of drugs will be prosecuted by summary conviction. Sentences for these types of offences will depend on the quantity and nature of the substance - cocaine, heroin, fentanyl, oxy – drugs (oxycodone, oxycontin, etc). Our office can help you understand the specifics of your case and the potential penalties you may be facing. Contact our office to schedule an appointment.

The Controlled Drugs and Substances Act governs most criminal offences involving controlled substances, including cocaine, fentanyl, methamphetamine and certain prescription medications. Depending on the circumstances, a person may be charged with possession, possession for the purpose of trafficking, trafficking, production, or importing or exporting a controlled substance.

The seriousness of a drug charge depends on several factors, including the substance involved, its quantity, the alleged purpose of the possession, the accused’s role and any prior criminal record. The consequences can range from diversion or a non-custodial sentence to significant imprisonment, particularly where the Crown alleges commercial trafficking, weapons, violence or involvement in an organized operation.

Cannabis is generally regulated separately under the Cannabis Act. Although possessing and purchasing cannabis is lawful in certain circumstances, criminal charges can still arise from unauthorized possession, distribution, sale, production, importation or exportation, particularly where the conduct involves quantities exceeding the legal limits, illicit cannabis or distribution to a young person.

Drug investigations frequently involve searches of homes, vehicles, cellphones and personal belongings. Important defence issues may include whether the police had lawful grounds for the search, whether a warrant was validly obtained and executed, whether the accused had knowledge and control of the substance, and whether the evidence proves possession or an intention to traffic beyond a reasonable doubt.

Our office is based in London, Ontario, but we frequently take on cases all over Ontario. Ellis Criminal Law has assisted clients from coast to coast - travelling to British Columbia, Halifax and the far north to defend clients. We have also assisted clients in the United States and Europe. We are willing to travel to assist you. If you're interested in obtaining legal counsel from Ellis Criminal Law please call our office and set up an appointment so we can review the specifics of your case.