http://www.haltonsearch.com/hr/bp/opinion/column/story/178609p-258621c.html

ONE ACT NOW GOVERNS DRUG OFFENCES

The law in Canada regarding illegal drugs used to be covered by two federal
statutes. These were The Narcotic Control Act and The Food and Drugs Act.
Some activities were dealt with under the Criminal Code.

Now, everything is pretty well consolidated in the Controlled Drugs and
Substances Act (CDSA). That act makes it illegal to produce or import these
substances or to traffic in them or even to possess them whether for one's
own use or for the purpose of trafficking.

How an offender is treated by the CDSA will depend on both the activity and
the substance in question.

Simple possession of a controlled drug or substance is the most basic
offence and is usually pretty easy to prove. The prosecutor has to
establish knowledge of the substance together with some degree of control.
Usually the drug will be found in the alleged offender's hand or a pocket
or somewhere close enough to establish that it was within his or her control.

In those circumstances, knowledge of the nature of the drug will be
inferred unless the accused produces some evidence to the contrary. The
situation may be complicated when more than one person is found near a
drug. Depending on the circumstances it may or may not be a case of joint
possession (please excuse the pun) by all parties involved.

The prosecutor will also have to prove the nature of the drug or substance.
This is usually done by producing a certificate from a government analyst.
This is one area that a defence lawyer may be able to attack in a drug
case. Alternatively, the defence may also raise issues regarding an illegal
search.

The penalties imposed on those convicted of possession will depend on the
drug involved.

Marijuana is the most common illegal drug dealt with in the courts. Simple
possession of even the smallest amount can theoretically lead to a jail
term. The practice however is quite different. Possession of less than 30
grams (a little more than one ounce for those who are metrically
challenged) of marijuana is a summary conviction offence.

Someone charged only with this offence cannot be fingerprinted and as a
result, a conviction will show up only on local police records and not on
the countrywide Canadian Police Information Computer (CPIC) system. Most
first offenders will be streamed into a diversion program (for adults) or
alternative measures (for young people). Once they complete a designated
number of community service hours, the charge is withdrawn and the person
is left without a criminal record.

The fact that diversion was granted is kept on police files to prevent a
second shot at the same process. Those found in possession of marijuana
while driving a car or on school property will usually be denied access to
these programs. First offenders found guilty in court will face a penalty
ranging from an absolute discharge to a fine or probation. Repeat offenders
may be sent to jail depending on the amount in question and other
circumstances.

Cannabis resin products including hash and oil are similar to marijuana
except that they have a higher level of THC, the active ingredient in all
of these drugs. The courts take this into account when sentencing someone
for possessing them.

Drugs like ecstasy, cocaine, crack cocaine or heroin are treated
differently. Simple possession of any these substances will often lead to a
jail term, even for a first offender.

The sentence imposed in any particular case will however depend on many
different factors. These include the age and background of the offender
including prior record. Why is he using these drugs? Are there underlying
problems causing this? Is he an addict? Is he doing anything about this?

This area of the law is too complicated to be explained fully in the space
available here. Anyone who has been charged with such an offence or who
requires further information for any reason should consult a lawyer.

In my next column, I will discuss other drug offences.