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Drug Possession - Kruse Law

“Possession” Means More Than You Might Think

Possession of controlled substances is illegal throughout all of Canada. Contrary to popular belief, “possession” does not mean “to own,” but to simply have an illegal substance under your control, have knowledge that it’s in the custody of another person, or have the substance in any location for the benefit and use of yourself or another person. The law of drug possession can be very complicated and can involve situations where you may be wondering why you’ve been charged at all. Given the consequences of a conviction, however, you need to consult with a knowledgeable defence lawyer who can help you avoid potentially harsh penalties.

The Consequences of a Possession Conviction

If you’re convicted of drug possession, your sentence will be based largely on the type and quantity of substance you were charged with possessing. In most cases, if the substance is a drug that has not been prescribed to you by a doctor and it is not sold over the counter, chances are very good that it is considered a controlled substance and is therefore illegal to possess.

For illegal narcotics, your punishment is likely to be more substantial, even if the actual amount in your possession is relatively small. For example, marijuana possession can get you up to $1,000 in fines and six months in jail if the amount is less than 30 grams, but five years in prison if the amount is greater than 30 grams, assuming the Crown proceeds by indictment. Harder drugs like cocaine or heroin carry progressively harsher prison terms – up to seven years – and higher fines. But even a small amount of cocaine can earn you prison time. If the Crown proceeds with a summary conviction or presses for indictment, you will almost always face a stiffer sentence. Again, prior arrests or convictions only serve to make a bad situation worse when the judge begins his deliberations.

If you’re charged with drug possession, you want to give yourself the best chance of avoiding the serious damage a conviction can do to your future.  Consulting with a criminal defence lawyer is a vital step in ensuring that you give yourself that chance.

The Kruse Law Firm – Experienced Ontario Criminal and DUI Defence Lawyers

Based in Ontario, the Kruse Law Firm has been providing top tier criminal legal defence for the last 20 years, specializing in criminal law defence but widely acknowledged as one of the leaders in DUI defence strategies.  “Tell us your side – we’ll handle it” is the mantra by which Michael Kruse and his team of legal professionals operate, wanting each of their clients to rest assured that their case is in the best possible hands, and knowing that they will be properly represented when their day in court arrives. Michael Kruse has earned a reputation within the legal community for passion, commitment, and expertise across all areas of criminal law. Call (519) 744-0973 or send an e-mail to for a free, no-obligation consultation.