Goldwater, Dubé: Your Drug Possession Attorney in Montreal

Have you been charged with a drug possession offense? Talk to a drug possession attorney in Montreal from Goldwater, Dubé. We can come up with a defense for your case. Call us.

Drug Possession Lawyer in Montreal

Contrary to common belief, drug possession is not limited to having drugs on you when arrested. You can be arrested for drug possession if you knowingly have a controlled substance on your person, in a place where you have a degree of control or in the custody of another person. A controlled substance is any drug listed under the annexes of the Controlled Drugs and Substances Act (CDSA).

Illegal possession comes with serious repercussions, including a criminal record, imprisonment, and fines. Additionally, if you are found with large amounts of drugs in your possession, you may be charged with possession for the purpose of trafficking.

Whether you are facing a simple possession or a drug trafficking charge, you should contact a criminal defence lawyer immediately. Drug offences, including possession, can be prosecuted as indictable offences which carry long prison terms.

An experienced Montreal criminal lawyer from Goldwater, Dubé is a phone call away. Our drug possession lawyers will support you throughout the process and build watertight defence strategies to help you walk free.

What Are the Types of Drug Possession?

Personal Possession

You may be charged with personal possession for carrying a controlled substance with you or having it in a place you control. For example, a police officer finds drugs in your vehicle or pocket after a search. The prosecution must prove that you were aware of the illegal nature of the drugs.

Constructive Possession

Being aware of the existence of drugs in a place where you have some degree of control is referred to as constructive possession. For example, you can be charged with constructive drug possession if the police find illegal substances in a closet or a car to which you have a key.

Joint Possession

You may be charged for joint possession if you are aware that another person is in possession of an illegal substance in a place you both control. Even if the other party has physical possession, you could still be charged as long as they had your consent.

What Drug Possession Laws Are Applicable in Montreal?

Drug offences are governed under the CDSA and prosecuted federally. Under section 4(1) of the CDSA, possessing a substance included in Schedule I, II, or III is illegal.

  • Schedule I drugs include opium, cocaine, and fentanyl

  • Schedule II drugs include synthetic marijuana

  • Schedule III drugs include methylphenidate, methaqualone and LSD

To obtain a conviction for drug possession, the crown prosecutor must prove beyond reasonable doubt that:

  • The illegal drug was on the body of the defendant or in their control

  • The defendant knew the substance was there

Drug possession is a hybrid offence that can be prosecuted as a summary conviction or an indictable offence. First-time offences involving small amounts of drugs are usually considered a summary conviction.

A qualified drug possession lawyer is crucial to receive a lesser drug conviction or avoid it at once.

    What Are the Penalties for Drug Possession in Montreal?

    Drug possession penalties depend on various factors, such as:

    • The type of drugs

    • The amount of drugs in your possession

    • If the offence involved the use of violence or a weapon

    • Whether you have a prior drug conviction

    • Other personal circumstances, such as your age, employment and mental health

    For instance, possessing a controlled a Schedule I substance is an indictable offence punishable by imprisonment not exceeding seven years. However, it is punishable on summary conviction for first-time offenders with maximum penalties of up to a $1000 fine, six months imprisonment or both.

    Drug convictions also come with other consequences, such as:

    • A criminal record

    • Criminal inadmissibility

    • Loss of employment opportunities

    • Loss of educational and scholarship opportunities

    • Loss of child custody rights

    • Possible revocation of immigration status

    • Travel restrictions

    How Can a Drug Possession Lawyer Help?

    An arrest for drug possession or another drug-related offence is undeniably stressful. You do not have to go through the criminal justice system on your own or represent yourself. Working with a drug possession lawyer can increase your chances of a favourable outcome. An attorney can help you in the following ways:

    • Examine the circumstances of your search and arrest and advise you on possible defences

    • Protect your constitutional rights throughout the process

    • Negotiate with the crown prosecutor to obtain a more lenient sentence

    • Help you understand and navigate the criminal justice process

    • Ensure that the prosecutor meets its evidence disclosure obligations

    • Identify possible errors in the investigation and arrest process

    • Provide legal representation at your criminal trial

    • Assess all the evidence against you and build a strong defence on your behalf

    • Gather evidence that may help dismiss your charges

    What Are the Possible Defences Against Drug Possession Charges?

    • Lack of knowledge or control: You may be able to use this defence if you honestly believe you didn’t know of the existence of the drugs or had no control over where they were found.

    • Nature of the substance: The substance in your possession must be illegal before you can be convicted. The prosecution must provide a Certificate of Analyst to prove the nature of the substance that was found. If this certificate is not included in the prosecution’s evidence, your lawyer can poke holes in their case.

    • Entrapment: If a police officer induces the commission of the offence, it is considered entrapment and is a valid defence. Proving that you are a victim of entrapment may lead to the dismissal of the charges.

    • Charter of Rights and Freedoms violations: You can seek to exclude any unlawfully obtained evidence, such as during an illegal search or coerced confession. Other violations include the investigating officer’s failure to read your rights or violation of your right to remain silent and consult an attorney.

    Contact a Drug Possession Lawyer at Goldwater, Dubé

    The drug lawyers at Goldwater, Dubé are ready to provide legal representation against drug charges, including drug possession. We have the experience, proven track record, and dedication to succeed. Crown prosecutors have one major objective: to convict you of the offence. As your legal counsel, we can work to prevent that from happening.

    You need a drug possession attorney who can fight back to reduce or dismiss your drug charges. No matter the drug offence you may be facing, we can help. Contact us today.


    Make an appointment with a member of our team today.