Drug Possession Lawyer Toronto

What Is Drug Possession Under Ontario Law? 

Under the Controlled Drugs and Substances Act (CDSA), drug possession refers to having a controlled substance in your possession without legal authorization. Possession can be direct (on your person) or constructive (in your home, car, or another area under your control). 

Common Drug Possession Offenses 

1. Simple Possession: Being found with a small quantity of illegal drugs for personal use. 
2. Possession of a Controlled Substance: Having drugs such as cocaine, heroin, fentanyl, methamphetamine, or unlawfully obtained prescription drugs. 
3. Possession of Cannabis Over the Legal Limit: Exceeding the legal possession limit for cannabis in Ontario. 
4. Possession of Drug Paraphernalia: Having drug-related equipment, such as scales or baggies, which may be used as evidence in a case. 
5. Possession with Intent to Distribute: Possessing a quantity of drugs that suggests intent to share or sell them. 

Your Rights When Facing Drug Possession Charges 

If you are charged with drug possession, you have important legal rights, including: 

• Presumption of Innocence: You are innocent until proven guilty beyond a reasonable doubt. 

• Right to Legal Representation: You have the right to consult with a lawyer before making any statements. 

• Right to Remain Silent: You are not required to answer police questions beyond providing basic identification. 

• Right to a Fair Trial: You can challenge the charges and present evidence in your defense. 

Why Choose Kozyrev Law P.C. for Drug Possession Cases? 

Extensive Experience in Drug Crime Defense 

Our legal team has successfully defended numerous clients facing drug-related charges, including simple possession and possession for the purpose of trafficking. We understand the nuances of Ontario drug laws and the best legal strategies to challenge these charges. 

Personalized Defense Strategies 

We develop tailored defense strategies based on factors such as: 

• The type and quantity of drugs found. 

• Whether your rights were violated during the search or arrest. 

• Any lack of knowledge or intent regarding the drugs in question. 

Thorough Investigations 

We conduct a detailed review of your case, including: 

• Examining search warrants and police procedures. 

• Investigating whether the drugs belonged to someone else. 

• Challenging the accuracy of drug testing and law enforcement reports. 

Aggressive Court Representation 

Whether negotiating with prosecutors or representing you in court, we fight aggressively to protect your rights and achieve the best possible outcome. 

Steps in Handling a Drug Possession Case 

Step 1: Free Consultation 

During your free consultation, we will: 

• Review the charges against you. 

• Assess potential defense strategies. 

• Provide a clear roadmap for your case. 

Step 2: Evidence Gathering 

Our team will collect and analyze key evidence, including: 

• Police reports and arrest records. 

• Witness statements and surveillance footage. 

• Any procedural errors or rights violations. 

Step 3: Pre-Trial Negotiations 

We will negotiate with the prosecution to seek a reduction or dismissal of charges whenever possible. 

Step 4: Trial Representation 

If your case goes to trial, our experienced lawyers will build a strong defense, challenge the prosecution’s evidence, and advocate for your best interests. 

Challenges in Drug Possession Cases 

Proving Possession and Intent 

The prosecution must prove that you knowingly possessed the drugs. We challenge their case by: 

• Arguing that the drugs did not belong to you. 

• Questioning how law enforcement handled the search and seizure. 

• Highlighting inconsistencies in police reports or witness statements. 

Violation of Rights 

If law enforcement violated your Charter Rights, such as conducting an illegal search or failing to provide access to legal counsel, we can argue for the exclusion of evidence or case dismissal. 

Unreliable Drug Testing 

Lab tests must confirm that the seized substance is an illegal drug. If there are errors in testing procedures, we can challenge the validity of the evidence. 

Frequently Asked Questions About Drug Possession Cases 

What Are the Penalties for Drug Possession in Ontario?

Penalties depend on the type of substance, quantity, and circumstances, and may include: 

• First-Time Offense: Fines or diversion programs for minor possession charges. 

• Repeat Offense: Increased fines, probation, or jail time. 

• Possession of Hard Drugs (Cocaine, Heroin, Fentanyl, Methamphetamine): More severe penalties, including potential prison time. 

Can Drug Possession Charges Be Dropped?

Yes, charges may be withdrawn or dismissed if: 

• The police violated your Charter rights. 

• There is insufficient evidence to prove possession. 

• The drugs were found in a shared or public space with no clear ownership. 

What Should I Do If I Am Arrested for Drug Possession?

• Remain Silent: Do not make statements to the police. 

• Request a Lawyer: Contact an experienced criminal defense lawyer immediately. 

• Document Everything: Write down the details of your arrest and interactions with law enforcement. 

Can I Be Convicted If I Was Near Drugs But Did Not Own Them?

Possession charges require the prosecution to prove knowledge and control of the drugs. If you were unaware of their presence or did not have control over them, this can be used as a defense. 

Protecting Your Rights in a Drug Possession Case 

1. Seek Legal Counsel Immediately: Contact a lawyer as soon as possible to protect your rights. 
2. Preserve All Evidence: Collect and safeguard any documentation related to your arrest. 
3. Avoid Self-Incrimination: Refrain from discussing your case with anyone other than your lawyer. 
4. Follow Legal Procedures: Adhere to court orders and deadlines to avoid additional penalties. 

Contact Kozyrev Law P.C. Today 

If you are facing drug possession charges in Toronto, Kozyrev Law P.C. is here to help. Our experienced legal team will fight to protect your rights and provide strong, compassionate support every step of the way. 

Phone: (416) 900-0933 

Email: info@kozyrevlaw.ca 

Location: Serving clients across Toronto and the Greater Toronto Area 

Take the first step toward defending your freedom. Contact Kozyrev Law P.C. today for a free consultation and let us help you through this challenging time.