Drug offences can be found under the Controlled Drugs and Substances Act (CDSA) and are prosecuted by the Federal Crown rather than the Provincial Crown.
Drug offences range from simple possession to street trafficking and beyond. If you are caught in possession of drugs, the potential charges and consequences will depend on the nature and quantity of the drugs and whether it was meant for simple possession or trafficking. CDSA has categorized each type of drug into different schedules and have used these schedules to help determine the range for sentencing following a conviction.
With respect to drug possession offences, the Crown must prove that the accused had knowledge and control over the drugs. The element of knowledge requires that the accused be aware of the drugs in possession, however, it is not necessary to know the exact nature of the illegal drug. On the other hand, control requires the accused to have had some measure of control over the drugs.
If you have been charged with a Drug Offence in BC, contact us for a consultation.
