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It is not a criminal offence to possess drug paraphernalia in Canada. If you possess only drug paraphernalia and no illegal substance, you cannot be charged with a criminal offence.
However, the Controlled Drug and Substance Act (CDSA) does prohibit the importing and exporting of drug paraphernalia. Nevertheless, if you are facing charges related to drug paraphernalia or any other drug offences, it's crucial to seek immediate legal counsel from a drug offence lawyer for legal representation.
The offence, according to section 462.2(1), involves knowingly importing into Canada, exporting from Canada, manufacturing, promoting, or selling instruments or literature for illicit drug use.
On a summary conviction, for a first offence, an individual could be liable to a fine not exceeding one hundred thousand dollars, or imprisonment for a term not exceeding six months, or both.
For a second or subsequent offence, the individual could face a fine not exceeding three hundred thousand dollars, imprisonment for a term not exceeding one year, or both.
The term "illicit drug" is defined as a controlled substance or precursor the import, export, production, sale or possession of which is prohibited or restricted pursuant to the Controlled Drugs and Substances Act.
"Illicit drug use" means the importation, exportation, production, sale or possession of a controlled substance or precursor contrary to the Controlled Drugs and Substances Act or a regulation made under that Act.
An "instrument for illicit drug use" is defined as anything designed primarily or intended under the circumstances for consuming or facilitating the consumption of an illicit drug, but it does not include a "device" as that term is defined in section 2 of the Food and Drugs Act.
"Literature for illicit drug use" refers to any printed matter or video describing or depicting, and designed primarily or intended under the circumstances to promote, encourage or advocate, the production, preparation or consumption of illicit drugs.
The term "sell" includes offer for sale, expose for sale, have in possession for sale and distribute, whether or not the distribution is made for consideration.
In order to prove that someone has committed the offence of importing or exporting drug paraphernalia under section 462.2(1), the Crown must prove beyond a reasonable doubt a number of facts.
Firstly, they must prove the identity of the accused. Secondly, they must establish the date and time that the alleged incident occurred. Thirdly, they need to accurately specify the jurisdiction, including both the region and province.
Fourthly, they need to verify that the thing is an instrument or literature for illicit drug use. Finally, they must establish that the culprit knowingly performed the prohibited act.
Possession of drug paraphernalia can provide grounds to search your car during a traffic stop. If the drug paraphernalia is in plain view, the police may have reasonable and probable grounds to believe there are illegal drugs in your possession.
Generally, during a traffic stop, police are typically not allowed to search your car. However, they are allowed to look in the windows of your car and may use a flashlight to do this if it is nighttime.
The police are only permitted to search your car if they have reasonable and probable grounds to believe that there are illegal drugs or alcohol or evidence relating to the commission of a crime in the car. These reasonable and probable grounds may be formed by the presence of drug paraphernalia, revealed when police look into your car.
Furthermore, they must also believe that the evidence, drugs or alcohol would be removed or destroyed if they were to obtain a search warrant. If you have been charged with a criminal offence, it is advised to contact Kostman and Pyzer, Barristers today for a free consultation. Our experienced drug offence lawyers in Toronto are here to provide expert legal assistance.
