Aug 30
Charged with Drug Possession in Ontario? Here’s What Happens Next
Facing a drug possession charge in Ontario can be overwhelming—especially if it’s your first experience with the criminal justice system. Whether the charge involves cannabis, cocaine, MDMA, opioids, or prescription medications, the consequences can be serious and long-lasting.
At LZZ Defence, we specialize in defending individuals charged with drug offences across Toronto, Peel, York, Durham, and surrounding regions. If you or someone you love has been arrested for drug possession, this guide will walk you through what happens next and how a skilled criminal defence lawyer in Toronto can help.
What Is Considered Drug Possession in Ontario?
Under the Controlled Drugs and Substances Act (CDSA), it is illegal to possess certain substances unless you are authorized to do so. “Possession” doesn’t only mean having drugs in your pocket—it can also include having drugs in your home, car, or anywhere you have control over.
Common possession charges include:
- Simple possession (for personal use)
- Possession for the purpose of trafficking
- Possession of a controlled substance not prescribed to you
- Constructive possession (e.g., drugs found in a shared space)
What Happens After You’re Charged with Drug Possession?
- Arrest and Release (or Detention)
Police may arrest you at the scene. Depending on the circumstances and your record, you may be:
- Released with a promise to appear
- Held for a bail hearing
If bail is required, it’s crucial to have a lawyer present to advocate for your release under reasonable conditions.
- Disclosure and Court Appearances
The Crown will provide disclosure, which includes the evidence against you. Your lawyer will review this material to determine the strength of the case and explore possible defences.
- Legal Strategy and Resolution
Depending on your circumstances, your lawyer may pursue:
- Diversion or alternative measures (for first-time offenders)
- Charter challenges (if your rights were violated)
- Negotiated resolution or withdrawal of charges
- Trial defence to fight the charges in court
What Are the Penalties for Drug Possession in Ontario?
Penalties vary depending on the substance, quantity, and your criminal history. For example:
- Simple possession of cocaine or MDMA can lead to up to 7 years in prison
- Possession of opioids or fentanyl may carry harsher sentencing due to the opioid crisis
- Possession of cannabis over the legal limit can also result in criminal charges
- Even first-time offences can result in a criminal record, fines, probation, or imprisonment
A conviction may also affect:
- Employment opportunities
- International travel (especially to the U.S.)
- Family law matters
- Immigration status
What to Do After a Drug Possession Charge
If you’ve been charged with drug possession, here’s what you should do:
Do Not Admit Guilt – Anything you say to police may be used against you.
Speak to a Lawyer Immediately – The sooner you contact legal counsel, the better your defence can be prepared.
Gather Documentation – Collect any relevant information, such as prescription proof, communications, or witness contacts.
Attend All Court Dates – Missing a court appearance could lead to additional charges or a warrant for your arrest.
How LZZ Defence Can Help
At LZZ Defence, we have extensive experience defending drug-related charges—from minor possession to complex trafficking allegations. We focus on:
- Protecting your Charter rights
- Examining police conduct and search procedures
- Negotiating alternatives to conviction
- Crafting aggressive, personalized trial strategies
We serve clients across:
- Toronto
- Mississauga, Brampton (Peel Region)
- Newmarket, Vaughan, Markham (York Region)
- Oshawa, Pickering, Whitby (Durham Region)
- Hamilton, Oakville, Burlington
Don’t Let a Drug Charge Ruin Your Future
If you’re facing a drug possession charge in Ontario, now is the time to act. A single mistake shouldn’t define your life. Let our team at LZZ Defence protect your future and fight for your rights.
