Importing and Exporting Drugs involve the illegal movement of controlled substances across Canada's borders. These offences carry severe legal consequences and are heavily regulated under the Controlled Drugs and Substances Act (CDSA).
Importing and Exporting Drugs: Legal Definition
Section 6(1) of the CDSA: Importing and exporting
6 (1) Except as authorized under the regulations, no person shall import into Canada or export from Canada a substance included in Schedule I, II, III, IV, V or VI.
Section 6(2) of the CDSA: Possession for the purpose of exporting
(2) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II, III, IV, V or VI for the purpose of exporting it from Canada.
Types of Controlled Substances (Schedules)
- Schedule I: Opiates and related substances
- Schedule II: Cannabinoids
- Schedule III: Psychedelics
- Schedule IV: Barbiturates
- Schedule VI: Chemical precursors
Are you facing charges related to importing or exporting drugs? Call (855) 585-1777 for a free consultation with a criminal defence lawyer.
Penalties and Consequences for Importing and Exporting Drugs
Importing and exporting drugs are serious crimes under the CDSA. The severity of the penalties depends on the type of substance involved and whether the Crown proceeds by indictment or summary conviction.
Punishments under Section 6 (3):
- Schedule I and II Drugs
- Indictable offence: Maximum of life imprisonment
- Schedule III, V, and VI Drugs
- Summary conviction: Up to 18 months imprisonment
- Indictable offence: Up to 10 years imprisonment
- Schedule IV Substances
- Summary conviction: Up to 1 year imprisonment
- Indictable offence: Up to 3 years imprisonment
Aggravating Factors
- Type of substance
- Quantity of the substance
- The “role” the offender played
- Use of weapons or violence
- Distribution to vulnerable individuals
Dispositions Available
The sentencing options for drug importation and exportation offences vary based on the substance involved and the Crown's election. Dispositions may include:
Importing and Exporting Schedule I and II Drugs
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Importing and Exporting Schedule III, IV, V, and VI Drugs
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Call (855) 585-1777 to consult with an experienced criminal defence lawyer if you are facing drug importation or exportation charges.
Defences Against Importing and Exporting Drugs Charges
Defending against drug importation or exportation charges requires careful legal analysis of the case details. Common defences include:
- Lack of Intent: Arguing that the accused did not knowingly import or export the substance.
- Duress: Establishing that the accused was forced to commit the offence under threat of harm.
- Lack of Evidence: Challenging the Crown's ability to prove the accused’s knowledge and involvement.
Given the complexities of drug importation and exportation laws and the severe consequences involved, it is critical to seek legal representation. A skilled criminal defence lawyer can help build a strong case and ensure your rights are protected.
Don’t Face Your Importing and Exporting Drugs Charge Alone
An experienced criminal defence lawyer is vital when dealing with criminal charges related to importing and exporting drugs. They can guide you through the legal maze, safeguard your rights, and devise a robust defence strategy specific to your case.
Get a Free Legal Consultation With a Criminal Lawyer
Do not hesitate to contact us if you have been charged with importing and exporting drugs. Call (855) 585-1777 and a skilled criminal defence lawyer will review your case with you and consider your alternatives.