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Drug Lawyers in Toronto and GTA

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Drug Lawyers in Toronto and GTA

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Drug Trafficking involves selling or delivering illegal drugs to another person. This allegation can result in serious penalties depending on the type of drug, quantity trafficked and prior criminal activities. Drug trafficking is one of the few criminal offences that can result in a maximum sentence of life in prison. In addition, recent changes to drug trafficking and possession laws have added harsher minimum penalties to criminal drug activity.

If you have been charged with a drug offence in the Greater Toronto Area, you should seek out the services of an experienced criminal drug lawyer. Whether for possession, trafficking, production, or import/export, a criminal conviction for a drug offence can seriously upend your life.

While Canada’s criminal justice system is perceived as being “soft on drugs,” conviction on serious drug offences can lead to long prison sentences, including life behind bars. Even a conviction for a simple possession charge can result in costly fines and a possible permanent criminal record that can seriously impede employment/educational opportunities and your ability to travel to other countries.

UNDERSTANDING DRUG LAWS IN ONTARIO

Ontario’s drug laws in fall under the purview of Canada’s Controlled Drugs and Substances Act (CDSA) rather than Canada’s Criminal Code. Depending upon the seriousness of the charges, police and the courts can pursue charges as an indictable offence or a summary offence. Penalties for summary conviction offences typically include fines and a possible maximum penalty of two years in jail. While much less serious than an indictable offence, a summary conviction can still result in a criminal record. A conviction for the far more serious indictable offence carries penalties that range from two years to life in prison, as well as fines, other repercussions, and an almost certain criminal record.

Drug possession in considered a hybrid offence that can be tried as either summary or indictable offence, with the decision typically based on type and quantity of drugs in possession and whether it’s a first-time charge. In general, most “other” drug charges are usually treated as indictable offences.

The CDSA characterizes type of drug under a “Schedule” that ranks them according to perceived threat. Schedule I drugs represent the most dangerous drugs—such as many opioids and cocaine—and carry the most severe penalties with all drug charges. Schedule II, III, IV, and V represent softer drug classes (and drug precursors) and carry milder maximum penalties. Primary drug crimes and their maximum penalties include:

Possession

The most frequently charged drug crime, which covers the gamut of substances in Schedules I-IV. The maximum penalty for a possession charge as an indictable offence is seven years in prison, while the maximum penalty as a summary offence is a $1,000 fine or six months in jail for a first-time charge ($2,000 fine or one-year imprisonment for subsequent offences).

Trafficking in Substance

This covers selling or delivering illegal drugs to other people and trafficking charges can also be applied against people who conspire to do so. Solely an indicatable offence with Schedule I and II drugs, trafficking is one of the most serious drug charges and carries a maximum penalty of life (25 years) in prison. Depending upon the drug Schedule, other maximum penalties include 10 years imprisonment (Schedule III or V) and three years imprisonment (Schedule IV). Trafficking charges come with mandatory minimum sentences of one to two years imprisonment if there are aggravating factors, such as committing the offence near a school, involving juveniles, or incorporating threats during the trafficking activity. If treated as a summary offence, maximum penalties are from one year to 18 months imprisonment depending upon drug class (Schedule III-IV)

Importing and Exporting

Similar to trafficking, this charge carries and maximum penalty of life in prison (Schedule I and II drugs). It also carries mandatory minimum sentences of one to two years in prison depending upon whether the quantity of drugs was more or less than one kilogram and whether there were any aggravating factors, such as abusing a position of authority. Penalties for other drug Schedule types are similar to those used for trafficking, as are the potential summary offence penalties.

Production of Substance

This charge also includes a maximum penalty of life in prison (Schedule I drugs), as well as mandatory minimums based on potential aggravating factors, such as production for the purposes of trafficking. Penalties for other drug Schedule types are similar to those used for trafficking, as are the potential summary offence penalties.

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ONTARIO DRUG CHARGES BY THE NUMBERS

According to Statistics Canada data, Ontario criminal courts adjudicated just over 3,300 drug possession cases and almost 3,700 other drug offences (trafficking, production, import/export, etc.) cases during the 2018-2019 fiscal year reporting period. Of the possession cases, 1,416 (43%) resulted in guilty conviction, while 1,864 were stayed or withdrawn, 11 resolved by other decisions, and 11 resulted in outright acquittal. Of the other drug charges, 1,291 (35%) resulted in guilty conviction, while 2,348 were stayed or withdrawn, 17 resolved by other decisions, and 20 resulting in outright acquittal.

Statistics Canada notes that acquittals represent cases in which the defendant was found not guilty of all related charges. Charges that were stayed or withdrawn also include dismissals and discharges at preliminary inquiry, as well as court referrals to alternative or extrajudicial measures and restorative justice programs. The “other decisions” category includes final decisions in which:

The defendant was found not criminally responsible.
The court ordered that the guilty decision is not to be recorded.
The court accepted a special plea.
Certain Charter Rights arguments were raised.
The accused was found unfit to stand trial.

SKILLED LAWYERS KNOW DRUG LAW AND LEGAL PROCESS

Whether acquitted, stayed, withdrawn, dismissed, discharged, or “other,” you can be almost certain that an experienced criminal trial drug lawyer was instrumental in helping secure those positive outcomes for their clients. While the statistics suggest a greater than 50% chance of getting out of drug possession charges and a 65% chance of beating other drug charges, going to court is not like going to the casino. Achieving these positive outcomes was likely the result of diligent legal maneuvering by experienced criminal trial drug lawyers.

Whether drug possession or any of the other drug crimes, the onus is on the Crown to prove guilt rather than the defendant to prove innocence. In most drug cases, not only does the Crown have to prove that the defendant had actual possession of the drug, but that the defendant knew it was an illegal drug and had some measure of control over it. This provides three different openings in which defence lawyers can challenge the actual legal possession of the drugs in question. With trafficking and other drug charges, the Crown has to prove intent. This intent has to go beyond the investigators’ subjective belief and needs to be based on actual objective evidence.

Police procedures used to gather evidence are also open to challenge, with complicated cases providing more potential avenues to raise questions (and doubt) about their investigation. Defendants also have the protection guaranteed them by the Canadian Charts of Rights and Freedoms, which protects them from unreasonable searches and other police actions which might constitute a breach of those rights. In fact, Charter Rights challenges play a key role in many successful drug case defence strategies.

Bottom line, criminal trial drug lawyers have numerous defence strategies they can turn to in order to sow doubt on the Crown’s evidence or otherwise disrupt its case. Experienced trial lawyers also know how to navigate the legal system to seek out potential favourable outcomes though negotiation with the Crown when it appears to be in their client(s)’ best interests.

TURN TO MASS TSANG FOR YOUR DRUG CHARGES DEFENCE

Whatever drug-related charges you may be facing in the Toronto area, turn to the skilled criminal trial drug lawyers at Mass Tsang. From getting you released on bail to advocating your defence in court, our drug lawyers will work closely with you to develop the most effective defence strategy possible.

Click here to schedule a free and confidential consultation with our lawyers.

Our Team

Jeff Mass

Criminal Defence Lawyer

Managing Partner

Jeff Mass was born and raised in Montreal, Quebec. Coming from a family of judges and lawyers it was only a natural fit that his chosen profession was the practice of law.

Robbie Tsang

Criminal Defence Lawyer

Managing Partner

Robbie was born and raised in Toronto, Ontario. In 2000 he graduated from the University of Toronto with a Bachelor of Science while studying human biology and actuarial science.

Heather Spence

Criminal Defence Lawyer

Partner

Heather Spence graduated from Wilfrid Laurier University in 2006 with an Honours Political Science degree and a Business Administration minor. Heather graduated Osgoode Hall Law School where she received a Juris Doctor in Law.

Brian Brody

Criminal Defence Lawyer

Partner

Brian Brody was born and raised in Chicago, Illinois and has always been interested in social equality. Coming from a family of lawyers it was easy for him to choose the practice of law.

Alexei Zaitsev

Criminal Defence Lawyer

Senior Associate

Alexei Zaitsev earned his law degree at the University of Windsor, with a heavy focus on criminal law. In his position with Mass Tsang LLP, Alexei practices exclusively in the area of criminal and quasi-criminal defence, as well as defending dog owners charged with offences under

Evan Sinclair

Criminal Defence Lawyer

Associate

Evan Sinclair studied law at the University of Windsor and the University of Detroit Mercy, receiving American and Canadian law degrees. Evan’s passion for criminal law was solidified after spending a semester as a student attorney working for the Detroit Mercy Criminal Legal Clinic.

Ruaridh McCartney

Criminal Defence Lawyer

Associate

Ruaridh McCartney is an Associate at Mass Tsang LLP. Ruaridh graduated from the University of Western Ontario in 2019 (Honours BA with a Specialization in Political Science). From 2019-2021 he attended the University of Southampton in the United Kingdom and graduated Juris Doctor in law in 2021.

Eshan Dhillon

Criminal Defence Lawyer

Associate

Eshan Dhillon is an Associate at Mass Tsang LLP. Born and raised in Brampton, Eshan began his studies at Ryerson University. He then attended Bond University in Australia and graduated with a Bachelor of Laws in 2024, specializing in Canadian Law and Practice. Throughout his studies, he focused heavily on criminal law, finishing top of his class in trial advocacy.

Stephanie Tong

Operations Manager

Stephanie was born in Hong Kong. She graduated from University of Toronto with an Honours Bachelor of Arts Degree majoring in Sociology and Book & Media Studies. In addition to her years of experience in operations management, legal administration, and customer service, she is also a certified interpreter for Cantonese and is fluent in Mandarin as well.

Lydia Miniovich

Administrative Manager

Lydia was born and raised in Toronto, Ontario. She graduated from the University of Toronto in 2017 with a Bachelor of Arts in political science, English, and history. Lydia has been working at Mass Tsang since 2018.

Drug Charges — Frequently Asked Questions

Drug offences in Canada fall under the Controlled Drugs and Substances Act (CDSA) rather than the Criminal Code. The primary drug charges include simple possession, possession for the purpose of trafficking, trafficking in a substance, production of a substance, and importing or exporting a controlled substance. Each carries different penalties depending on the type and Schedule classification of the drug involved. Even a straightforward possession charge can result in a criminal record, fines, and imprisonment.

Simple possession means having a controlled substance for personal use. Possession for the purpose of trafficking means having a controlled substance with the intent to sell, give, or distribute it to others. The distinction matters enormously at sentencing: simple possession of a Schedule I drug carries a maximum of seven years in prison as an indictable offence, while possession for the purpose of trafficking can carry a maximum penalty of life imprisonment. Police and the Crown consider factors such as the quantity of drugs, how they were packaged, and the presence of items like scales, multiple phones, and large amounts of cash when deciding which charge to pursue. For a detailed look at how drug quantities influence charging decisions, read our article “What Amount of Drugs Can Get You Arrested for Trafficking in Canada?”.

Drug possession is treated as a hybrid offence, meaning the Crown can proceed summarily or by indictment depending on the circumstances. As an indictable offence involving a Schedule I drug, simple possession carries a maximum penalty of seven years in prison. As a summary offence, a first-time conviction can result in a fine of up to $1,000 or up to six months in jail. Subsequent summary convictions carry a fine of up to $2,000 or up to one year of imprisonment. Even at the lower end, a conviction can leave you with a permanent criminal record that affects employment, education, and international travel.

No. There is no legal threshold or minimum quantity of drugs required for a trafficking charge in Canada. You can be charged with trafficking—or possession for the purpose of trafficking—with any amount of a controlled substance if police believe you intended to distribute it. Even a single pill or a small baggie can lead to a trafficking charge if the Crown can demonstrate intent. However, the quantity of drugs does play a significant role in how police investigate, which charges the Crown pursues, and how a judge approaches sentencing. For a comprehensive explanation of how drug quantities factor into trafficking allegations, read our detailed guide “What Amount of Drugs Can Get You Arrested for Trafficking in Canada?”.

The single most important step you can take is to contact an experienced criminal defence lawyer immediately—before speaking to police or making any statements. You have the right to remain silent and the right to legal counsel under the Canadian Charter of Rights and Freedoms. Do not consent to any searches beyond what police can lawfully conduct, and do not discuss your case with anyone other than your lawyer. The earlier a defence lawyer gets involved, the more options are available to challenge the evidence and protect your rights. For a step-by-step guide, see our article “Charged with Drug Trafficking in Canada — Now What?”.

Yes. Canadian law recognizes three forms of possession: personal possession (drugs found on your person), constructive possession (drugs found in a place you control, such as your home or vehicle), and joint possession (drugs found in the custody of another person with your knowledge and consent). The Crown must prove that you knew about the drugs, that the substance was an illegal drug, and that you had some measure of control over it. Being in the same room as drugs does not automatically prove possession, but drugs found in common areas of your home can complicate your defence. An experienced drug lawyer can challenge whether the Crown has met its burden of proof on each of these elements. For more on this topic, read our article “Know Your Rights During a Drug Raid in Canada”.

Criminal conspiracy occurs when two or more people agree to commit a criminal offence—even if the offence itself is never carried out. In the drug context, conspiracy charges are frequently laid alongside trafficking, production, or import/export charges. A person can be convicted of conspiracy to traffic drugs without ever having physically handled any controlled substance. The Crown must prove that a genuine agreement existed and that each accused intended to carry out the plan. Conspiracy is a serious indictable offence that carries penalties up to the maximum sentence for the underlying offence. For more on how conspiracy charges work in drug cases, see our article “What Are Criminal Conspiracy Charges Under Canadian Law?”.

Yes. Many prescription medications—including opioids like oxycodone and fentanyl, as well as benzodiazepines—are controlled substances under the CDSA. Possessing a prescription drug without a valid prescription, sharing or selling your prescription medication to others, or driving while impaired by prescription drugs can all result in criminal charges. Police can charge you with impaired driving based on prescription drug use alone, even if the medication was legally prescribed to you. For more information, read our article “Yes, Police Can Charge You with DUI in Canada Based on Prescription Drug Usage”.

The Canadian Charter of Rights and Freedoms guarantees your right to be free from unreasonable search and seizure (Section 8), your right to legal counsel upon arrest (Section 10), and your right to trial within a reasonable time (Section 11). If police violated any of these rights during the investigation or arrest—for example, by searching your home without a proper warrant, failing to advise you of your right to a lawyer, or taking too long to bring your case to trial—your defence lawyer can bring a Charter application. If successful, the court may exclude evidence obtained through the violation, which can fatally weaken the Crown’s case or lead to a stay of proceedings. For a real-world example of a successful Charter challenge, read our article “Mass Tsang Criminal Trial Lawyers Get Gun and Drug Charges Dropped”.

Drug cases in Toronto generally take between 12 and 24 months to resolve, from the date of the charge through to trial or other resolution. More complex cases involving large quantities of drugs, multiple co-accused, wiretap evidence, or conspiracy charges can take longer. The Supreme Court of Canada has established a presumptive ceiling of 18 months for cases in provincial court and 30 months for cases in Superior Court—if the case exceeds these timelines without justification, the defence can bring an application to have the charges stayed for unreasonable delay. For an example of a successful delay argument, see our article “Mass Tsang Criminal Trial Lawyers Get Gun and Drug Charges Dropped”.

The CDSA is the federal statute that governs drug-related offences in Canada. It classifies controlled substances into Schedules based on their perceived danger to the public. Schedule I includes the most serious drugs—such as cocaine, fentanyl, heroin, and methamphetamine—and carries the harshest penalties. Schedules II through V cover progressively less dangerous substances and precursors, with correspondingly milder maximum sentences. The CDSA prohibits the possession, trafficking, production, and import/export of all scheduled substances without authorization.

The CDSA organizes controlled substances into Schedules that directly determine the severity of penalties upon conviction. Schedule I includes drugs such as cocaine, heroin, fentanyl, oxycodone, methamphetamine, and MDMA. Schedule II covers cannabis and its derivatives (though recreational cannabis is now legal under separate legislation). Schedule III includes substances such as LSD and psilocybin. Schedule IV covers drugs like anabolic steroids and benzodiazepines. The Schedule classification of the substance involved is one of the most important factors in determining maximum and mandatory minimum sentences for any drug offence. Learn more in our article “What Are the Minimum Sentences for Serious Drug Offences in Canada?”.

Drug trafficking is one of the most serious criminal offences in Canada. Trafficking in Schedule I or II substances is solely an indictable offence and carries a maximum penalty of life imprisonment. For Schedule III or V substances, the maximum is ten years. For Schedule IV substances, the maximum is three years. Mandatory minimum sentences of one to two years apply when aggravating factors are present, such as trafficking near a school, involving minors, or using threats of violence during the offence. For a detailed breakdown, see our article “What Are the Minimum Sentences for Serious Drug Offences in Canada?”.

Mandatory minimum sentences apply to serious drug offences when specific aggravating factors are present. These were established under the 2012 Safe Streets and Communities Act and range from six months to three years of imprisonment depending on the offence and circumstances. Aggravating factors include trafficking near a school or other public place frequented by minors, committing the offence for the benefit of a criminal organization, involving youth in the offence, and abusing a position of trust or authority. An experienced defence lawyer can challenge these factors and work to avoid mandatory minimums where possible. Learn more in our article “What Are the Minimum Sentences for Serious Drug Offences in Canada?”.

The Canadian Charter of Rights and Freedoms protects you against unreasonable search and seizure. Police generally need a valid search warrant to enter and search your home. During a drug raid, you have the right to remain silent, the right to speak with a lawyer, and the right to see the search warrant. You are not required to assist police in their search or answer their questions. If police violate your Charter rights during a raid—for example, by conducting a search without a proper warrant—the evidence they obtain may be excluded at trial, which can lead to charges being reduced or dropped entirely. Our article “Know Your Rights During a Drug Raid in Canada” explains what to expect and how to protect yourself.

Yes. Statistics show that a significant percentage of drug charges in Ontario are stayed, withdrawn, or otherwise resolved before conviction. There are many reasons charges may be dropped: insufficient evidence, Charter rights violations during the investigation or arrest, procedural errors in how evidence was collected, unreasonable delays in the trial process, or successful negotiations between defence counsel and the Crown. In fact, Mass Tsang has successfully had serious drug and firearms charges dropped due to unreasonable delays that breached the defendant’s Charter rights. Every case is different, but an experienced defence lawyer will identify every available avenue to have charges reduced or dismissed. Read about one such case in our article “Mass Tsang Criminal Trial Lawyers Get Gun and Drug Charges Dropped”.

The Cannabis Act legalized recreational cannabis use for adults in 2018, but significant restrictions remain. It is still a criminal offence to possess more than 30 grams of dried cannabis in public, to sell cannabis without a licence, to distribute cannabis to a minor, or to grow more than four plants per household (where provincial rules allow home cultivation). Driving under the influence of cannabis also remains a serious criminal offence with penalties similar to alcohol-impaired driving. Legalization has not eliminated cannabis-related criminal charges—it has simply changed where the legal lines are drawn. For more on cannabis and driving, read our article “Marijuana May Be Legal in Canada, But Don’t Combine It with Driving”.

Drug charges can be challenged on multiple fronts. Common defence strategies include challenging whether the Crown can prove knowledge of and control over the substance, arguing that a police search violated your Charter rights (which can result in evidence being excluded), challenging the continuity or integrity of physical evidence, questioning whether the substance was properly tested and certified as a controlled drug, disputing that the quantity or packaging supports a trafficking inference, and raising unreasonable delay arguments under the Charter. The best defence strategy depends on the specific facts of your case, which is why early consultation with an experienced drug lawyer is critical. Learn more about how a lawyer builds these defences in our article “How Can a Drug Lawyer Help You Out?”.

A drug conviction can have severe consequences beyond the criminal penalties themselves. A criminal record for a drug offence can make you inadmissible to countries such as the United States, even for simple possession. For non-citizens in Canada, a drug conviction can trigger deportation proceedings or render you inadmissible for permanent residence or citizenship applications. Even charges that do not result in a conviction can complicate immigration matters. If you are not a Canadian citizen, it is especially important to discuss the immigration implications of your drug charges with your defence lawyer from the outset.

The criminal defence lawyers at Mass Tsang have over 30 years of experience defending clients throughout Toronto and the Greater Toronto Area against all types of drug charges, from simple possession to large-scale trafficking and conspiracy. Our team has successfully resolved more than 1,000 cases, and we understand how to challenge police procedures, identify Charter violations, and negotiate effectively with the Crown. We offer free, confidential consultations 24 hours a day, 7 days a week, along with flexible payment plans and flat-rate fees with no hidden costs. Our multilingual team can assist you in English, Mandarin, Cantonese, Punjabi, Hebrew, and Russian. Contact us today to discuss your case.