If the Crown proceeds by summary conviction, the maximum penalty for drug possession is a fine of $1,000 and six months in prison if it is the accused’s first offence. If it is not, the maximum penalty is a $2,000 fine and one year in prison.
How long do you go to jail for drug possession in Canada?
Depending on the drug type and amount, the sentence can range from 18 months or a $2,000 fine or both to life imprisonment. For example, marijuana trafficking or possession for the purposes of trafficking may be 5 years less a day for amounts under 30 kilograms and life imprisonment for any amount over 30 kilograms.
What is the mandatory minimum sentence for drug possession in Canada?
The mandatory minimum sentence for importing and exporting drugs or possession for the same purpose is 1 year for both Schedule I and Schedule II drugs. The sentence is increased up to 2 years if the quantity of the Schedule I substance is more than 1 kg.
What is the sentence for possession of illegal drugs?
For simple possession, first offenders get 2 to 10 years in prison and a fine of up to $20,000. In contrast, California has some of the lightest drug possession sentences: between $30 and $500 in fines and/or 15 to 180 days in jail.
How long is jail time for possession of drugs?
Incarceration. Jail or prison time is also possible when a person is convicted of possession of a controlled substance. Jail sentences range widely depending on the crime charged, the type of drugs involved, and the state’s laws, but can range from a few days or weeks to 10 years or more in prison.
How much is bail for drug possession?
Bail Amount for Felony
They range in price from $1,500 to $50,000 but they can skyrocket into the hundreds of thousands of dollars. If the crime is very serious and committed under aggravating circumstances, then the penalty will fit the crime according to the law and the judge.
What crimes have mandatory minimum sentences in Canada?
- high treason.
- sexual offences (including child sexual offences)
- impaired driving offences.
- some firearm offences, including firearms offences connected to a criminal organization.
What happens if police find drugs in your house?
When drugs are found in your house or car, it’s likely you’re going to get charged. Unless the police have another suspect, you’re the one who will be charged with possession. However, that doesn’t mean you’re unable to get acquitted or have your case dismissed.
Do first time drug offenders go to jail?
Even first-time drug offenses can carry jail time and you cannot count on the court being lenient. An experienced attorney can fight to protect your fights and help to ensure the most positive outcome, including possibly having your charges dismissed, reduced, or allowing you to be placed within a probation program.
Is drug possession a criminal offense?
Drug possession is criminalized under both state and federal laws, and it is typically broken down into two categories: simple possession and possession with intent to distribute. While simple possession is often a misdemeanor, possession with intent to distribute typically carries much harsher sentences.
Can you be charged for having drugs in your system?
Illegal drugs, such as cocaine, are cause for arrest at any detectable level. However, with cannabis, the level of Tetrahydrocannabinol (THC) in your system will determine the type of charge. You can be charged with a summary conviction, a hybrid offence, or the police officer can enforce sanctions.