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Cocaine Possession

Charges for Cocaine Possession

Charges for cocaine possession Toronto LawyerCocaine is illegal in Canada and many parts of the world.  Illegal to possess, cultivate and traffic for any use that is non medicinal or non government sanctioned. Cocaine usage and distribution is punishable by law and can include severe fines and jail time.

Although possession and distribution have been criminally penalized throughout the world, cocaine is still used as a recreational drug and with many criminal organizations Organized crime groups dominate the cocaine trade.  Most of the world’s cocaine is grown and processed in South America, primarily Columbia, Bolivia & Peru.  It is then smuggled into the United States and Canada from Mexico/US border and through Florida.

The Criminal Code of Canada (Part XII.I) states:

462.2 Every one who knowingly imports into Canada, exports from Canada, manufactures, promotes or sells instruments or literature for illicit drug use is guilty of an offence and is liable on summary conviction

(a) for a first offence, to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding six months or to both; or
(b) for a second or subsequent offence, to a fine not exceeding three hundred thousand dollars or to imprisonment for a term not exceeding one year or to both.

The United States are the world’s leading consumers of cocaine, making up of about 50% of the world’s market.  Europe makes up of 25% of the world’s consumers and the rest of the world the remaining 25% of consumers.

If you are arrested for possession of a controlled substance (i.e.: cocaine):

you will be tried in a Canadian Criminal Court. The Crown must prove the following:

1.  Possession of substance (knowledge, consent, control)
2.  Substance is a controlled substance (certificate of analysis, chain of possession, amounts found)
3.  Possession of substance was not authorized

 If you are arrested for possession of a controlled substance for the purpose of trafficking:

the Crown must prove the following:

1.  Possession of substance (knowledge, consent, control)
2.  Substance is a controlled substance (certificate of analysis, chain of possession, amounts found)
3.  Possession of substance was not authorized
4.  The accused intended to traffic the substance

There cannot be possession without knowledge of the nature of the object. Knowledge can be established by circumstantial evidence.

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The element of consent to possess an object requires that the accused consent to the object remaining in place after he or she has knowledge of its existence.  A person who discovers drugs and spends time maintaining custody of it while considering what to do with it may be found to consent to possessing it.

The element of control over the object is established by showing that the accused had an intention to exercise control. Where the person is shown to have control over the area where the object is stored, they can be found to exercise control over the object itself.

If you or a loved one has been arrested for the possession or intent to traffic of cocaine or another controlled substance – You need to speak to an experienced lawyer.  A lawyer who knows Criminal Law regarding cocaine possession, cultivation & trafficking and has a long standing tradition of success – please call Toronto Criminal Lawyers – Bruce Karten & Stephen Hebscher.

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