Production

Regardless of how large or small the quantity of drugs, you can face jail time and other penalties for growing marijuana or producing other controlled substances. The severity of the punishment will depend on many factors, including the Accused prior history, the type of drug and the amount of drugs involved.


What is Production?

Production Lawyer in Toronto Ontario

Under the Controlled Drugs and Substances Act (CDSA), a charge of Producing a Controlled Substance is considered a very serious criminal offence.

Regardless of how large or small the quantity of drugs, you can face jail time and other penalties for growing marijuana or producing other controlled substances. The severity of the punishment will depend on many factors, including the Accused prior history, the type of drug and the amount of drugs involved.

What is Drug Production?

The definition of Production is broad. Under the Controlled Drugs and Substances Act for Schedule I to IV, Production of drugs means to obtain by any method or process including:

1. Manufacturing, synthesizing or using any means of altering the chemical or physical properties of the substance, or

2. Cultivating, propagating or harvesting the substance or any living thing from which the substance may be extracted or otherwise obtained, including offers to produce.

In Canada, drug offences are not dealt with lightly. Whether you are facing trafficking, production or simple possession charges, securing an experienced legal advocate to assist you is imperative.

A conviction under the Controlled Drugs and Substances Act can have serious, long-lasting repercussions on your life. It may prevent you from holding or obtaining a job, risk your citizenship and travel rights, and curb your access to other opportunities.

Caramanna, Friedberg LLP has represented thousands of individuals charged with drug offences. We are here 24/7 to assist you. Criminal law is not simply a vocation for us. It is our passion. Fighting for justice is in our DNA. Founded in 2002 by Sal Caramanna and Matthew Friedberg, our firm is one of a handful in Ontario set apart from the sole practitioner model. Our advantage is in our team-approach, track record, reputation, reliability and empathy. When you choose Caramanna Friedberg LLP you are choosing a team of legal professionals with the power to punch above the weight-class of any one lawyer advocating for your rights.

Please call us today at (416) 924-5969.

Frequently Asked Questions

The Controlled Drugs and Substances Act established eight Schedules of controlled substances. Possession of a Schedule I and Schedule II substance are the most common possession offences. Schedule I includes the most harmful drugs, such as heroin-based substances and cocaine. Schedule II focuses on marijuana, hashish and its derivatives. Schedules III-IV include other common substances such as mushrooms, ecstasy, and steroids.

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  • Factual Innocence: If the Crown is unable to prove the essential elements of the particular offence beyond a reasonable doubt, they will have failed to discharge their burden, and the accused will be acquitted.
  • Violation of Charter Rights: Under the Canadian Charter of Rights and Freedoms, individuals are afforded specific rights, including:
    • the right against unreasonable search and seizure;
    • the right to not be arbitrarily detained;
    • the right to be informed promptly of the reasons for arrest;
    • the right to retain and instruct counsel without delay; and
    • the right to be tried within a reasonable time.

A successful Charter challenge may also result in a stay of proceedings, or evidence from your case being excluded.

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Under section 7 of the Controlled Drugs and Substances Act, the potential penalties for drug possession are as follows:

  • Schedule I Substance (straight indictable offence):
    • Minimum punishment of 3 years imprisonment if aggravating factors under s. 7(3) exist (discussed below)
    • Maximum punishment of life imprisonment.
  • Schedule II Substance straight indictable offence):
    • Minimum punishment of 1 year, if the production is for the purpose of trafficking OR 18 months if for the purpose of trafficking and factors set out in s. 7(3) exist (discussed below).
    • Maximum punishment of life imprisonment.
  • Schedule III Substance (hybrid offence):
    • If Crown proceeds by summary conviction: Maximum punishment of 18 months imprisonment.
    • If Crown proceeds by indictment: maximum punishment of 10 years imprisonment.
  • Schedule IV Substance (hybrid offence):
    • If Crown proceeds by summary conviction: Maximum punishment of 1 year imprisonment.
    • If Crown proceeds by indictment: maximum punishment of 3 years imprisonment

If convicted of possession of a Schedule I or II substance, the following factors must be taken into account on sentencing under section 7(3) of the CDSA:

  • the person used real property that belongs to a third party in committing the offence;
  • the production constituted a potential security, health or safety hazard to persons under the age of 18 years who were in the location where the offence was committed or in the immediate area;
  • the production constituted a potential public safety hazard in a residential area; or
  • the person set or placed a trap, device or other thing that is likely to cause death or bodily harm to another person in the location where the offence was committed or in the immediate area, or permitted such a trap, device or other thing to remain or be placed in that location or area.
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The definition of Production is broad. Under the Controlled Drugs and Substances Act for Schedule I to IV, Production of drugs means to obtain by any method or process including:

  1. Manufacturing, synthesizing or using any means of altering the chemical or physical properties of the substance, or
  2. Cultivating, propagating or harvesting the substance or any living thing from which the substance may be extracted or otherwise obtained, including offers to produce.
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