If you’re caught manufacturing, growing, or cultivating illicit substances in Ottawa, you may be charged with drug production.
This is a very serious charge that carries sentences up to life imprisonment, depending on your activities, the substance in question, and the amount.
Even growing marijuana without prior authorization can bring serious penalties.
The Controlled Drugs and Substances Act(CDSA) details all the controlled substances in Canada in seven different “schedules”.
If you’re charged with such a crime, the police are likely to have gathered considerable evidence against you.
However, this evidence can often be challenged.
It is important to:
- Contact an experienced lawyer as soon as possible
- Analyze all the evidence against you
- Work with your lawyer on a powerful defence
- Give yourself the best possible chance of case dismissal or acquittal at trial
Experienced legal counsel will reduce the stress at this difficult time and provide the best chance of escaping the serious short-and long-term effects of a conviction.
Powerful Defence for Drug Production Charges in Ottawa
What are the classifications of drugs in Ontario?
The CDSA classifies controlled substances into a series of “schedules”.
These are large groups of drugs classified according to their chemical properties and effects on the user.
This helps authorities assess the seriousness of a drug crime.
The schedules are very detailed. The following four schedules are the ones that are covered by drug production laws.
The CDSA states that it is illegal to produce any of the following:
- Schedule I: Cocaine, heroin, codeine, morphine, opium, GHB (“date rape” drug),
- Schedule II: Cannabis, including cannabis resin and marijuana
- Schedule III: LSD, magic mushrooms
- Schedule IV: Barbiturates (such as clonazepam, diazepam, Amytal, Nembutal, etc.)
Understanding a charge for drug production
Drug production charges can be laid against you for obtaining a drug by:
- Synthesizing or manufacturing it
- Using any available method to change its physical or chemical qualities
- Harvesting it
- Cultivating or growing anything that it can be derived or extracted from
However, a drug production charge can usually only be made after lengthy police operations against the accused party or parties.
This may include:
- Phone wiretapping
- Interception of inline communications
- Monitoring usage of resources (like water)
This evidence against you is open to challenge by a skilled lawyer who is experienced in drug charge cases.
There are many gray areas to the law and these present opportunities for your defence.
What are the penalties for drug production?
Penalties for a drug production conviction are very severe.
If you have a prior drug conviction, you will be refused bail after being charged.
Then, if convicted at trial, you can expect the following types of sentence, even for a first-time offence:
- Up to life imprisonment, with a minimum of three years imprisonment if convicted of producing Schedule I drugs (cocaine, heroin, etc.) in excess of a certain amount
- Up to life imprisonment, with 1-3 years imprisonment standard if convicted of producing Schedule II drugs (cannabis and marijuana)
- Up to 10 years imprisonment, if convicted of producing a Schedule III drug (LSD, magic mushrooms, etc.)
- Up to three years imprisonment, if convicted of producing a Schedule IVI drug (barbiturates)
A jail term is serious enough. You will also have a lifelong criminal record that can affect:
- Your ability to travel outside of Canada (even to the U.S.)
- Your immigration status (for non-Canadian citizens)
- Your employment prospects
Drug Production: How we will defend you
Our lawyers have successfully defended many people charged with drug possession in Ottawa, even when their case looked hopeless.
We can provide experienced legal counsel in drug production cases of all types, even the most serious ones.
The legal processes that law enforcement officers must follow are key.
You have constitutional rights and are innocent until the evidence against you proves that you are guilty.
Because of the many “gray” areas in drug production cases, our skilled lawyers can often find weaknesses in the prosecution case and get charges dismissed, downgraded, or earn an acquittal at trial.
If you go to trial, we understand how to effectively cross-examine witnesses, including police officers.
We will have previously examined all the evidence against you and how it was obtained.
If your rights have been violated or police officers did not follow due process in your case, you have a good chance of escaping at least some of the most serious consequences of a conviction.