QUICK TAKEAWAY
Cocaine: In Canada, Cocaine is considered a Schedule ICommonly characterized as “hard drugs" narcotic under the Controlled Drugs and Substances Act. Cocaine possession was once treated less seriously by the courts than other drugs such as heroin. That has changed as stronger versions of the narcotic keep emerging, making it the third-most used drug in Canada. Penalties for simple possession reach up to seven years or longer if there are aggravating factors, which also means that you may be facing a mandatory minimum sentence.
Table of Contents:
Cocaine’s Place in Canada
Cocaine is a powerful stimulant made from the leaves of the coca plant, grown primarily in South America.
Cocaine Usage
According to a 2019 Canadian Centre on Substance Use and Addiction, Canada ranks second among countries where citizens admit to regular cocaine use. Just under three percent of Canadians aged 15 and older said they used cocaine in 2020. Cocaine is also the third most-used substance after alcohol and cannabis (besides tobacco), for those older than 19.
In 2014, cocaine resulted in 1,572 hospital stays in Canada for conditions that are wholly (such as cocaine poisonings) or partially (such as HIV) attributable to the drug. It is estimated that $80 million in health-care costs were attributable to cocaine in 2014. The Public Health Agency of Canada found that 71 percent of stimulant toxicity deaths from January to September 2020 involved cocaine.
Street Names for Cocaine
It is better known by one of its street names, such as C, rock, snow, coke, powder lines, Charlie, flake, blow, bump, nose candy, perl, rail, speedball, toot, white rock or dust. The two most common varieties are a white powder which you can snort or inject, and an opaque crystal form known as crack, that you either smoke, dissolve or inject.
Understanding Cocaine Possession
The term “possession” is often misunderstood. Even if the cocaine is not found on your person, house or car, the police can still charge you with possession if you had some degree of physical control and knowledge about the drug. That means that possession charges can be laid against you even if the drug is found in someone’s else’s home or a neutral location such as a storage locker.
Penalties for Cocaine Possession
Cocaine used to be regarded by the courts as a drug that was somewhat more serious than marijuana but not as concerning as heroin. However, with crack cocaine and intravenous cocaine users, it is now treated much more seriously by the judicial system.
If this is your first cocaine possession charge and the Crown decides to deal with it as a summary convictionUsed for lesser offences, the maximum fine cannot exceed $100,000 and the maximum jail term is six months, or both. For a second or subsequent offence as a summary conviction, the fine cannot exceed $300,000 and the jail term cannot exceed one year, or both.
If the Crown treats your case as an indictable offenceIndictable offences are more-serious criminal offences, the sentence can be up to seven years in prison if you possessed cocaine for personal use. Those found with large amounts and who are convicted of trafficking could be sentenced to life imprisonment.
Sentences depend on many variables, including whether you already have a criminal record and how much cocaine you were caught with. To win a conviction, the Crown must prove that you possessed (had knowledge and control over it) the substance, that it is a controlled substanceA substance that is regulated by the government, and that your possession of the drug was not authorized.
November 17, 2022
Update: Bill C-5: Mandatory Minimum Penalties Repealed.
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Macdermid Lamarsh Law
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Glossary of Legal Terms
Controlled substance
Any type of drug that the federal government has categorized as having a higher-than-average potential for abuse or addiction. Its manufacture, possession or use is regulated by the government through the Controlled Drugs and Substances Act.
Indictable offence
Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments, up to a maximum penalty of life in prison.
Summary conviction
Summary convictions are used for lesser offences with penalties, fines and short jail time. They reflect the majority of offences as defined in the Code.
