Importing and Exporting Drugs
Importing and Exporting controlled substances across Canada's borders is a serious offence. These crimes are governed by the Controlled Drugs and Substances Act (CDSA) and are subject to severe penalties and legal scrutiny.
Importing and Exporting Drugs: CDSA 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 drugs
- Schedule II: Cannabinoids
- Schedule III: Psychedelics
- Schedule IV: Barbiturates
- Schedule VI: Chemical precursors
If you are facing drug importation or exportation charges, call (306) 994-9522 for a free consultation.
Legal Consequences for Importing and Exporting Drugs
The CDSA imposes strict penalties for drug importation and exportation offences. The severity of the penalties depends on the substance involved and whether the Crown proceeds by summary conviction or indictment.
Punishments under Section 6 (3) of the CDSA:
- Schedule I and II Drugs
- Indictable offence: Maximum of life incarceration
- Schedule III, V, and VI Drugs
- Summary conviction: Up to 18 months incarceration
- Indictable offence: Up to 10 years incarceration
- Schedule IV Substances
- Summary conviction: Up to 1 year incarceration
- Indictable offence: Up to 3 years incarceration
Aggravating Factors
- The type and quantity of the drug are significant
- The offender's role was more prominent
- Violence or weapons were involved
- The substances were distributed to vulnerable individuals
Sentencing Options Available
Sentencing for importing and exporting drugs varies according to the specific charges and the type of substance. Options 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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Have you been charged with Importing and Exporting Controlled Substances? Call (306) 994-9522 for a free consultation with a criminal lawyer.
Defending Against Importing and Exporting Drugs Charges
When facing drug importation or exportation charges, your defence requires careful analysis of the evidence. Some common defence strategies include:
- Lack of Intent: Showing that the accused did not knowingly transport the controlled substance.
- Duress: Proving that the accused was forced to commit the offence.
- Insufficient Evidence: Challenging whether the Crown has enough evidence to prove the crime.
Having an experienced criminal defence lawyer can make all the difference. They can evaluate your importing and exporting controlled substances case thoroughly and help build a strong defence.
Don’t Face Your Importing and Exporting Drugs Charge Alone
An experienced criminal defence lawyer is essential when facing a charge of importing and exporting drugs. A criminal 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 Lawyer? Get a Free Legal Consultation With Nicholas Robinson, Criminal Lawyer
Don't hesitate to reach out to us if you have been charged with importing and exporting drugs. Call (306) 994-9522, and a skilled criminal defence lawyer will discuss your case with you and explore your options.
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