Drug Production

Drug production refers to the manufacturing, synthesizing, cultivating, or otherwise creating controlled substances outlined in the Controlled Drugs and Substances Act (CDSA). 

Drug Production: Criminal Code Definition

According to Section 7(1) of the CDSA:

“Except as authorized under the regulations, no person shall produce a substance included in Schedule I, II, III, IV, or V.”

Drug Production: Key Terms

• Produce: Includes manufacturing, synthesizing, cultivating, propagating, or altering the physical or chemical properties of a substance.
• Schedules: The CDSA categorizes substances into schedules, ranging from highly controlled drugs like opioids (Schedule I) to less tightly regulated substances like barbiturates (Schedule IV).

Facing drug production charges? Get the legal defense you need. Call (306) 994-9522 now for expert advice.

Elements of Drug Production

To secure a conviction, the Crown must prove beyond a reasonable doubt:

1. Actus Reus (Guilty Act):
   • The accused actively participated in the production of a controlled substance.
   • The substance is categorized under a CDSA schedule.
2. Mens Rea (Guilty Mind):
   • The accused knowingly and intentionally produced the substance.
   • The accused was aware that the production would result in a controlled substance.

Potential Penalties and Consequences for Drug Production

Penalties for drug production depend on the substance's schedule and the circumstances of the offence. The CDSA outlines the following punishments:

• Schedule I (e.g., opioids): Indictable offence with a maximum penalty of life imprisonment.
• Schedule II (e.g., cannabinoids, excluding cannabis): Indictable offence with a maximum penalty of life imprisonment.
• Schedule III (e.g., psychedelics): Hybrid offence with a maximum penalty of 10 years’ imprisonment (indictable) or 18 months (summary conviction).
• Schedule IV (e.g., barbiturates): Hybrid offence with a maximum penalty of 3 years’ imprisonment (indictable) or 12 months (summary conviction).

Don’t face drug production allegations alone. Call (306) 994-9522 now for a confidential consultation.

Aggravating and Mitigating Factors for Drug Production Charges

• Production in a residential area or near children.
• Evidence of weapons or fortifications.
• Environmental damage or public safety risks.
• Scale of production, indicating a large or commercial operation.
• Evidence of sophisticated methods or technology used in production.
• Specific risks posed to public safety, such as chemical hazards or fire risks.

Mitigating factors may include situations where the production is strictly for personal use and non-commercial purposes. Additionally, individuals who cooperate fully with authorities during investigations or legal proceedings may receive more lenient sentencing. Demonstrating genuine remorse for your actions or actively engaging in rehabilitation efforts, such as attending counseling or substance abuse programs, can also be viewed favorably during sentencing.

Possible Defences to Drug Production Charges

A robust defence strategy can significantly impact the outcome of your case. Common defences include:

1. Identity Issues: The Crown must prove that the accused was directly involved in the production process. Challenges can arise if:
   • Ownership or access to the production site is unclear.
   • Evidence connecting the accused to the operation is circumstantial or insufficient.
2. Lack of Knowledge: The accused may argue they were unaware of the nature of the substance or its production.

Drug production charges carry serious consequences. Consulting an experienced criminal defence lawyer is essential to examine the Crown’s evidence for weaknesses, ensure Charter rights are upheld, and develop a tailored defence strategy. 

Have You Been Charged with Drug Production?

An experienced criminal defence lawyer is essential when facing drug production charges. A criminal defence lawyer can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your case.

Need a Criminal Defence Lawyer? Get a Free Legal Consultation With Nicholas Robinson, Criminal Defence Lawyer

Don't hesitate to reach out to us if you have been charged with Drug Production. Call (306) 994-9522, and a skilled criminal defence lawyer will discuss your case with you and explore your options.