Drugs Lawyers

Charged with a drug offence, or had drugs found in your car, home or pockets? In Canada, most drug charges fall under a federal law and are handled as criminal matters, even when the amount is small. A drug possession lawyer can explain the charge, check whether the police respected your rights and tell you which options are realistic. On this page you can compare lawyers who defend drug cases, see their rates and availability, and book a consultation online.

What a drug lawyer does

A drug lawyer is a criminal defence lawyer who regularly handles charges involving controlled substances. You can also browse all criminal lawyers if your situation involves other charges.

• Advice after an arrest or a search: what the charge means and what happens next.
• Reviewing the evidence: the search, the seizure, the lab analysis, the police notes and any messages or surveillance.
• Alternatives and negotiation: asking whether a warning, a referral or another alternative to prosecution is possible, or discussing the charge with the prosecutor.
• Court: representing you from the first appearance to the end of the case, including at trial.

Drug charges under Canadian law

Drug offences are set out in the federal Controlled Drugs and Substances Act, which applies across Canada. The main charges are:

• Possession: having a controlled substance on you, in a place you control, or knowingly held by someone else for you.
• Possession for the purpose of trafficking: having drugs with the intent to sell, give or deliver them, often inferred from the amount, packaging, cash or messages.
• Trafficking: selling, giving, transporting or delivering a controlled substance, or offering to do so.
• Production: manufacturing, growing or otherwise producing a controlled substance.
• Importation and exportation: bringing drugs into or out of Canada.

How serious a charge is depends on the substance, the offence and the facts. Penalties can be serious, especially for trafficking, production and importation, and any conviction can lead to a criminal record.

Cannabis: legal, but with limits

Cannabis is legal for adults in Canada under the federal Cannabis Act, but that does not mean anything goes. Some cannabis offences remain, and Quebec adds its own rules on top of the federal ones:

• Age: Quebec sets a higher minimum age than the federal law for buying and having cannabis.
• Possession limits: there are limits on how much you can have in public and at home.
• Where it can be sold: in Quebec, only the SQDC may sell recreational cannabis. Selling or buying outside it is an offence.
• Growing at home: Quebec does not allow personal cultivation of recreational cannabis.

Some of these are provincial penal offences, while others are criminal. A lawyer can tell you which rules apply to you.

How a drug case works in Quebec

Charges under the Controlled Drugs and Substances Act are generally prosecuted by the Public Prosecution Service of Canada, although the Director of Criminal and Penal Prosecutions (DPCP) may handle a case that also includes Criminal Code charges. Most cases are heard by the Court of Québec, Criminal and Penal Division, in the district where the offence allegedly happened; some serious cases go to the Superior Court. The broad steps:

• Arrest or a summons, then release with conditions or a bail hearing.
• A first appearance, where the charge is read.
• Disclosure of the evidence to the defence.
• Discussions with the prosecutor, and in some cases a motion to challenge the search.
• An outcome: charges withdrawn, an alternative measure, a negotiated resolution, a guilty plea or a trial.

Search, seizure and your Charter rights

Many drug cases turn on how the evidence was found. Section 8 of the Canadian Charter of Rights and Freedoms protects everyone against unreasonable search or seizure, and you also have the right to speak to a lawyer after an arrest. A lawyer looks at points such as:

• The reason for the search: whether the police had a warrant, lawful grounds or valid consent to search your person, car, phone or home.
• The warrant: whether it was properly obtained and whether the search stayed within its limits.
• Your right to counsel: whether you were told of it and given a real chance to use it.

If a court finds that your rights were breached, the evidence may be excluded. No lawyer can promise that result, but a lawyer can tell you whether the issue is worth raising.

Alternatives for simple possession

Federal policy now favours alternatives to prosecution for simple possession. Police and prosecutors are asked to consider options such as a warning, a referral to a health or treatment program, or an alternative measure instead of a charge or a trial. A lawyer can ask the prosecutor to consider it and explain what it would mean for your record.

Consequences beyond the sentence

A drug conviction can affect travel, work and immigration status, even for a first offence. If you are not a Canadian citizen, speak to an immigration lawyer as well as your defence lawyer before you plead.

If you already have a drug conviction, a record suspension (pardon) lawyer can explain whether you are eligible and how to apply. A simplified process exists for some past convictions for simple cannabis possession.

When to call a drug possession lawyer

• You were arrested, charged or given a summons for a drug offence.
• The police searched your car, home or phone, or seized money or property.
• You are not a Canadian citizen, or you need a clean record for work or travel.

The earlier a lawyer sees the file, the more options you usually have. For tips on picking the right person, read our guide on how to choose a lawyer in Quebec.

Preparing for your consultation

• Your promise to appear, summons, release conditions and any seizure receipt.
• A short written account of what happened, for your lawyer only.
• Your immigration status and any prior record.
• Your questions: your options, the risks and how the lawyer charges.

Compare drug lawyers and book on JustiConnect

Browse the lawyers listed below, filter by location, rates and availability, and book a consultation directly. You can also search all drug lawyers or see the drug lawyers in Laval.

Frequently asked questions

Will I get a criminal record for simple possession?

Not necessarily. Depending on the facts and your history, the police or prosecutor may choose an alternative instead of a prosecution. A conviction, however, creates a criminal record.

Can the police search my car or phone?

Only in certain circumstances, such as with a warrant, with valid consent or when the law allows a search without a warrant. If you are unsure whether a search was legal, a lawyer can review it. Ask to speak to a lawyer and do not physically resist a search.

Is it still illegal to sell cannabis in Quebec?

Yes, outside the legal system. In Quebec, only the SQDC may sell recreational cannabis to the public, so selling or giving it to others can lead to charges, especially if minors are involved.

How much does a drug lawyer cost?

Each lawyer sets their own rates, and the cost depends on the charge and on whether the case goes to trial. On JustiConnect you can compare rates before you book. At your first consultation, ask how the lawyer charges and what the total is likely to include.