The Controlled Drugs and Substances Act criminalizes the production of controlled substances under section 7(1).
Production can refer to the manufacturing, synthesizing, harvesting, cultivating or growing of a controlled substance. This means that it is not only illegal to create a controlled substance, such as methamphetamine but it is also prohibited to grow certain organisms, such as “magic mushroom” spores.
The offence of drug production encapsulates both large and small scale operations and facilitates. While large operations are often the focus of media reports, even individuals engaged in production of controlled substances for personal use only may be charged.
The offence of drug production is taken extremely serious by the Canadian government, Crown Prosecutors and Judges. If you have been charged it is important to contact us at 780-686-7948. Mr. Rory Ziv has significant experience defending drug production charges.
When You Are First Charged
What you can expect after you have been charged will depend on what substance you are alleged to have produced.
In Canada, there are summary offences, indictable offences, and hybrid offences. Drugs are classified in “schedules”. Drugs in Schedule I and II and are known as “straight indictable” offences while substance in Schedules III, IV and V are known as “hybrid” offences.
A summary offence is generally considered less serious and will be heard by a Provincial Court Judge. Indicatable offences, on the other hand, are considered to be more serious and generally attract higher punishments. Hybrid offences require what is called a “Crown Election” and it is the Prosecutor who will decide whether to proceed summarily or through indictment. Their decision will influence the possible sentences available if you are convicted.
Initial Arrest
The schedule of the drug you have been charged with will also affect whether you are held in police custody or released with an Appearance Notice.
If you have been charged with producing a Schedule I or II substance, or if this is not the first time being charged with a drug-related offence, you will be held in police custody and brought before a judge or justice for a Bail Hearing. On the other hand, if you have been charged with producing a Schedule III, IV or V substance, you may be released with an Appearance Notice.
Bail Hearing
Normally, it is the burden of the Crown Prosecutor to prove to the Court why you should not be released on Bail. Depending on the type of drug you are alleged to have produced, you may be subject to what is known as “Reverse Onus Bail”. In these cases, it is the burden of the accused to convince the Court that you should be granted bail.
If you have a family member or loved one in police custody, we can be reached at 780-686-7948 for assistance.
Release Conditions
If you are released from police custody, you will likely be required to follow certain conditions. Common conditions include not possessing non-prescribed drugs, not attending a certain address (such as where the alleged offence occurred), and refraining from contacting witnesses or other co-accused. You may even be subject to a curfew or subject to other restrictions.
If you fail to follow the conditions of your release, you will likely face additional charges that must be defended in Court in addition to your original charge.
It is very important that you keep all documents that the police give to you. These papers will tell you exactly what you have been charged with, and when and where your first court date is
What You Can Expect
Drug production is a serious offence. It is important to call us right away at 780-686-7948 if you have been charged. Drug-related offences can be very complicated and may include Constitutional challenges. While police have many powers, even without a warrant, you also have rights protected by the Canadian Charter of Rights and Freedoms.
Facing a drug production offence can be extremely frightening and challenging without assistance. Mr. Ziv will assess the case against you and will work with you to obtain the best possible result, whether that is a reduction at sentencing if convicted, a withdrawal of the charge, or even a full acquittal at trial.
Sentencing
Sentencing is unique, and takes into a number of factors, including whether you have a criminal record and what substance you are alleged to have possessed. With that said, jail time is extremely common. Moreover, you may be subject to mandatory minimum punishments as well as the Crown seeking lengthy jail time.