Drug Trafficking Lawyer Toronto | What to Do During a Drug-Related Arrest

November 5, 2024

Facing drug-related arrests can be an anxious experience. From simple possession charges to more severe allegations of trafficking or manufacturing, understanding your rights during an arrest is paramount to protecting them, along with having proper legal representation throughout. We’ll walk you through what steps should be taken if you are ever arrested on drug-related charges and discuss the importance of legal representation. If you are facing serious drug charges, having a legal advocate who understands your rights and the system can be invaluable. Toronto Drug Trafficking Lawyer John Erickson has over two decades of experience representing clients accused of possession, trafficking and manufacturing drug offences – with proven results. Erickson Law provides strong yet cost-effective representation tailored to each case. Don’t leave your future up to change.- contact John Erickson now for a complimentary consultation.

One of the first rights any individual arrested should recognize is their right to remain silent. Under Canada’s Charter of Rights and Freedoms, you are under no obligation to answer questions posed by law enforcement other than providing basic identification details. Keeping silent is of utmost importance, as any statements you give can potentially be used against you in court proceedings. Law enforcement officials often respond quickly and aggressively when approached with allegations, prompting people to explain themselves or express their thoughts in any form or fashion. Even seemingly innocent remarks or statements can be misconstrued later and used against your defence; to keep yourself safe in these instances, it’s best to remain silent until speaking to an attorney and offer that response: ie, I choose not to talk until speaking to my lawyer.

Legal representation is another fundamental right in drug arrest cases, and should you be taken into custody, you have the right to consult a lawyer immediately upon being detained. Doing this will enable them to guide and advise you on your legal process, protect your rights, and create a suitable defence strategy. Once you notify the police that you wish to contact a lawyer, they must give you an opportunity to do so. If they prevent this, any information or evidence gathered during this period could be considered inadmissible in court proceedings. John Erickson is an experienced criminal defence lawyer in Toronto who emphasizes the value of seeking legal advice early in your legal proceedings. Consulting a knowledgeable lawyer will allow you to understand your options, contest any improper police behaviour and uphold your rights throughout your case.

Drug cases frequently rely on searches and seizures as central components. But, under the Canadian Charter of Rights and Freedoms, you have a right to remain free from unreasonable searches and seizures by police – meaning they must first secure either a search warrant or have reasonable suspicion (e.g. seeing drugs in plain view) before conducting one.

If the police conduct a search without proper legal justification, any evidence obtained could be excluded from court proceedings. Your lawyer could challenge its validity and argue that your constitutional rights were violated during that search; that’s why it’s critical that an experienced criminal defence lawyer review your arrest circumstances and law enforcement’s actions as soon as possible.

When facing drug-related arrest, resisting or becoming confrontational during a search is only likely to escalate the situation further and lead to additional charges against you. Instead, it is wiser to remain calm and comply with law enforcement. Take note of who was conducting the search, as well as the date, time, and type of search seized from you by law enforcement officials.

As soon as you contact a lawyer, inform them of the search and any concerns about its legality. Your attorney can assess if the search was carried out legally or file court challenges if any rights were violated during its conduct.

As previously discussed, anything you say to police could potentially be used against you – this includes statements made during searches, booking or while in custody. Even if you believe yourself to be innocent and providing an explanation might help clarify matters further, it may be prudent to remain silent until after consulting a lawyer. Self-incriminating statements can make defending yourself more complicated, as they could be misconstrued as admissions of guilt. While withholding information that could aid your case may seem frustrating, lawyers know how best to present their cases for maximum impact.

Although police may ask your permission to search your belongings, vehicle, or home, you are under no obligation to agree. Without legal grounds for doing so or an arrest warrant in place, you have every right to refuse any search that occurs without being physically restrained by them if it proceeds anyway. Any evidence obtained through unlawful searches could potentially be excluded from court cases later on. If you believe your rights were violated during an arrest, it’s essential that you document every aspect of the arrest process. Take down the names and badge numbers of all officers involved, as well as their location and time. Attempt to collect contact info for witnesses who might have witnessed either arrest or search; this information can assist your lawyer when reviewing police actions for legal purposes and building your defence strategy.

Once arrested for drug-related charges, you will be taken into police custody and may be subject to interrogation by law enforcement officials. As with any arrest, however, no answers are required without legal representation present. After your arrest, you can apply for bail to remain out of custody while waiting for trial; having legal representation during this hearing can present compelling arguments as to why release is warranted prior to trial. John Erickson possesses extensive experience representing clients at bail hearings. He can advocate for your release by making a compelling case to the judge that illustrates stable employment, supportive networks and no prior criminal history – which could increase your odds of receiving bail.

After your drug arrest, one of the most essential steps you can take is hiring an experienced criminal defence lawyer. Drug charges are intricate, and penalties may include imprisonment, fines and even permanent criminal records; an experienced defence lawyer knows how to assess the evidence against you, challenge the legalities of arrest/search procedures and craft an effective defence strategy to give you a chance of a positive result.

Arrest for any drug-related charge can be an alarming experience, but knowing your rights and taking the necessary steps to protect you can reduce further harm. Recall your right to remain silent, legal representation and freedom from unlawful search and seizure; when possible, hire an experienced criminal defence lawyer such as John Erickson to guide you through the complexities of drug charges towards an amicable resolution – for expert legal advice, contact John at (416) 363-3612 today for a complimentary consultation session!

Oh, Cannabis! How Legalization Has Shaped Canada in 2019 | Drug Possession Lawyer, Toronto

May 23, 2019

October 17, 2018, was a red letter day for Canada. This was the day that marijuana for both recreational and medicinal purposes was legalized across the nation, making Canada only the 2nd country in the world (after Uruguay) to officially legalize the possession, consumption, and cultivation of the drug.

The laws surrounding cannabis legalization are still somewhat hazy in 2019, so if you find yourself facing a drug-related charge, we strongly recommend that seek out legal representation right away. John Erickson is a criminal defense lawyer in Toronto who has over 20 years of experience successfully defending individuals charged with drug-related offenses.

So how do you toe the line? In this article, we explore new trends that have emerged in the cannabis market and how to remain compliant with all relevant laws.

Drivers Will Soon Face Stricter Drug Detection Tests

The federal government is in the process of approving a 2nd roadside drug detection device that will be able to determine the level of cannabis impairment via saliva samples.

The new device, dubbed SoToxa, is slated to be on the amended list of approved drug screening equipment in Canada. The primary SoToxa device will also come with a test cartridge and a saliva collection device.

These devices will be used to check for THC which is the psychoactive ingredient in marijuana. If the device indicates a positive result, this will act as a strong sign of recent drug use.

The device is in the middle of a 30-day consultation prior to being approved, and if approved, will provide police with an effective way to test potentially drug-impaired drivers.

As of right now, the Dräger DrugTest 5000 is being used by police to test for both THC and cocaine on the road. However, some speculation as to its functionality has arisen as well as how effective it is in colder weather. Currently, it is the only device that is available to law enforcement.

The overarching aim of these devices is to enforce stringent intoxication checks making it illegal to drive within 2 hours of being over the legal limit. So what is the legal limit for drug driving? If you test above 5 ng of cannabis or over 2.5 ng along with a blood alcohol level over 50 milligrams per 100 mL, you may face significant penalties and mandated jail time for repeat offenders.

It’s important to know your rights! A positive drug result on the roadside test is not enough to warrant a charge. Instead, drivers who fail this initial test will be subjected to a blood test.

Watch Out For Illegal Pot Shops

Toronto has been on the radar ever since the nationwide cannabis legalization and, as it turns out, that extra scrutiny hasn’t been in vain. As of April 2019, about 21 illegal marijuana storefronts are being investigated by police, resulting in 41 charges. Police are in the midst of seizing dry cannabis, edibles, oils, and cash and are shutting down unauthorized locations for up to 2 years.

Owners of unlicensed pot shops can face fines soaring as high as $250,000 and a two-year jail sentence. Landlords are warned to keep a strict eye open to avoid renting their space to illegal dispensaries.

Additionally, corporations dispensing the drug illegally can be penalized anywhere between $25,000 to $1 million. The law draws a very clear line. Ontario has 25 licensed retail pot stores with five of them being in Toronto.

So how do you identify legal cannabis products? These will have an excise stamp on the package that has security features to offset forgery (similar to banknotes and passports). Each territory and jurisdiction has with its own unique coloured stamp.

Moreover, legal products will also have a standardized cannabis symbol that contains health warnings to educate users on usage risks.

Edible Cannabis, Cannabis Extracts, and Cannabis Tropicals Are NOT Legal Yet

The age limit to purchase the drug varies from province to province. The minimum age in most province is 18 years but in Ontario, it is 19 years. But bear in mind that purchases can only be made from an authorized dealer and are restricted to dried and fresh cannabis, cannabis oils, and seeds or plants to be cultivated. Other products such as edible cannabis, cannabis extracts, and cannabis tropicals will legally be sold with effect from October 17, 2019.

Facing a Drug Charge? Immediate Legal Intervention is Crucial!

A drug offense could negatively impact your personal and professional life. John Erickson is a senior criminal lawyer with nearly two decades of experience defending individuals convicted of drug offenses.

Call (416) 363 3612 today for affordable and reliable legal representation.

These Canadian Cities Will Continue to Ban Cannabis Even After Legalization

October 12, 2018

Cannabis legalization is almost upon us! But all is not smooth sailing. There are some cities across Canada that have decided to leap off the bandwagon when it comes to accessibility just shy of October 17, 2018.

The upcoming nationwide legalization of marijuana has left Canada in a state of breathless anticipation. However, cannabis enthusiasts may find themselves disappointed as not all cities are falling in line with Bill C-45 when it comes to whether or not it will be available. With all of these diametric changes in the drug laws in Canada, stay alert. It’s best to contact an experienced criminal defense lawyer in Toronto as early as possible if you require legal intervention for drug related offenses.

Scattershot Cannabis Regulations May Brew Up a Storm

While the federal government is intent on regulating the production of cannabis, it has adopted a flexible approach with how it is to be dispensed. Each province may choose its preferred method, with Quebec having decided to use its provincial liquor stores to sell it while Alberta and Manitoba having decided to allow privately-run businesses to sell it.

Ontario and British Columbia have gone one step further and have decided to allow local communities to decide whether to allow cannabis to be sold within their municipal boundaries. This has caused critics to argue that it is unwise to allow cities to eschew federal legislations because certain communities may relegate cannabis sales back into illegal channels which was one of the primary reasons why cannabis was legalized in the first place.

The legalization is still the subject of speculation and derision. Several studies suggest that legalization will not do much to weed out organized crime as far as production, distribution, and sale are concerned. What’s more, it will cost millions of dollars annually to train frontline officers and invest in roadside testing equipment so as to curb driving under the influence.

Cities That Have Shrugged Off Cannabis Sales

Several jurisdictions across the country have chosen to go against the grain and restrict weed shops altogether. In Ontario, Richmond Hill and Markham have chosen to do so as have a number of cities in B.C. (i.e. North Vancouver, West Vancouver, Richmond, Abbotsford, Whistler, Pitt Meadows and Tofino). If you reside in any of these areas, you will either have to travel to pro-cannabis municipalities or use a mail order system to purchase the cannabis.

Brick-and-Mortar Stores in Ontario to be Up and Running by Early 2019

Initially, Ontario identified 14 municipalities that would run LCBO-operated recreational cannabis outlets. Vaughan and Richmond Hill were the first jurisdictions to be selected. That was until Richmond Hill passed a unanimous motion informing the provincial government that their unwillingness to host a retail cannabis store in their community. With the recent election of Premier Doug Ford’s government in Ontario, the rules have now changed and it is anticipated that cannabis will be made available for purchase through private businesses. However, Ontario still plans to open the first wave of LCBO-type stores by April 2019, with a further 80 stand-alone stores by July 2019 and 150 by 2020.

Legal Ramifications of Breaking Cannabis Laws

Cannabis possession laws remain as concrete as ever. Adults, aged 18 and above, will be restricted from possessing over 30 grams of dried cannabis at a time. Each province is allowed to set its own minimum age limit. Failure to adhere to these provisions can result in criminal charges. Even more confusing is that whereas Alberta and Quebec have set the minimum age at 18, all other provinces have settled on 19 years as the legal minimum.

The law does allow you to share cannabis freely among acquaintances but you cannot sell it. Unlicensed retailers will run the risk of being charged with a fine of $5000 and face up to 14 years in prison.

Nine provinces have stipulated that you cannot grow more than four plants in your home and these should not be over one meter high. British Columbia has an added restriction: these plants cannot be grown in view of the public.

With Bill C-46, the impaired driving laws have received a slight adjustment. It is still illegal to operate or have care or control of a motor vehicle while impaired by alcohol or a drug but now if a driver has two but less than five nanograms of THC (the primary ingredient in marijuana) in their blood, they will criminal charges similar to alcohol-related offences. Exceeding five nanograms can result in jail time of up to ten years along with a substantial fine.

Furthermore, each province has been given the freedom to set their own legal repercussions for driving when high. Quebec has adopted a zero-tolerance policy and will suspend drivers for 90 days if even a trace of cannabis is detected in their blood. Alberta and Ontario will invoke a zero-tolerance policy only for new drivers.

Convicted of a Drug Offense? Timely Representation is Crucial!

Drug possession laws in Canada will soon receive a complete overhaul. John Erickson is a senior criminal lawyer and Ex-Crown Prosecutor with nearly two decades of experience defending individuals convicted of drug offences. Call (416) 363 3612 today for affordable and reliable legal representation.

History in the Making: Marijuana is on the Brink of Legalization in Canada. Here’s Everything You Should Know Before the Fast-Approaching D-Day

July 18, 2018

Cannabis Sales to Reach an All-Time High: Here’s How That Might Potentially Affect You

With the upcoming legalization of cannabis, the drug possession landscape in Canada is drastically reshaping itself. Early predictions state that the number of legal recreational users in the country could inflate to about 3.8 million, with estimated marijuana sales reaching stratospheric heights at $6 billion come 2021. These statistics reflect that the combined yearly demand for the drug will be upwards of 575,000 kilograms.

With such a diametric change in drug laws and all the new information filtering through, you might find yourself in need of expert legal representation. If so, get in touch with John Erickson, a reputed Toronto-based drug possession lawyer, who has almost two decades of extensive legal experience and a successful track record of defending countless individuals charged with drug-related offenses.

Onto Greener Pastures: All Eyes on Canada as Marijuana Legalization is Almost Upon Us

On June 18, 2018, Prime Minister Justin Trudeau announced a game-changing development for the cannabis industry, stating that Canadians will legally be allowed to use recreational marijuana as of October 17, 2018. This puts us mere months away from a historic moment that will end a near century-long prohibition. Marijuana was completely banned in 1923 in the country, with medical cannabis becoming legal in 2001. Despite the ban, the industry remained fertile and thrived nonetheless. Statistics suggest that about 21% of Canadians aged 15-19 and 30% between the ages of 20-24 use the drug at least once a year for non-medical purposes. In November 2017, the House of Commons passed an official legislation to legalize the recreational use of the drug and this went on to pass a second reading under the scrutiny of the Senate in March 2018.

Staying true to his 2015 election campaign promise to legalize the drug for personal use, Trudeau ended months of speculation regarding the official commencement of the legislation. This sweeping motion by the Liberal government is truly a novel enterprise – and one that we can’t help but watch unfold with bated breath. Canada is the first mega-industrialized G7 nation to allow for the recreational and medical use of the drug, save for Uruguay – the only country to currently have a federal-level nationwide stipulation in place that allows for the unrestricted use of cannabis.

Smoking Out the Ill-Effects of Cannabis and Placing Public Safety at the Forefront of This Legislation

The federal government has given a nod of acknowledgment to the fact that there is an ever-growing need for a competitive and viable industry, albeit one that is focused on restricting the drug’s use among young people, ensuring that it is tightly controlled and that black market entities are weeded out. These objectives stem from public-health related motives, with the government focusing on spreading awareness of the ill-effects associated with cannabis use. It is important to make a mental note of this motive, being that other jurisdictions in the past didn’t legalize the drug for all the right reasons. For instance, Nevada enforced the drug’s legal use with the sole purpose of generating tax revenue.

The Canadian government was intent on doing its research prior to the passing the legislation. With public education being at the focal point of this move, safety data and baseline health-related information were painstakingly gathered and examined to decipher isolated variables right from poison calls to use patterns.

To further drug-related awareness, the government has proposed having it enclosed in unmistakable bland packaging with prominent disclaimers detailing the health risks and addictions associated with cannabis. Additionally, Health Canada’s requirements state that this packaging must display all the vital information that a consumer could possibly need to make an informed decision. This includes the THC/CBD levels, the name of the cannabis strain and the name of the manufacturer.

Marijuana 101: Where Will You Be Permitted to Purchase it Legally, How Old Do You Have to Be to Use it and What Are the Repercussions of Breaking Possession Laws?

The government has left some of the rules associated with purchasing and using the drug a little hazy, stating that while regulating the production of the drug falls upon them, each of the ten provinces are free to decide the medium through which it will be sold. For example, Quebec and Ontario have decided upon dispensing the drug through subsidiaries of provincial liquor stores. Going against the grain, Manitoba and Alberta have settled upon privately run stores. Alberta, in particular, will distribute the drug through over 200 private retailers while Ontario has 40 provincial stores at the ready. The other provinces are opting for a hybrid of the above two approaches. For instance, you will be able to buy the drug from Loblaws grocery stores in Newfoundland and Labrador.

Many have criticized this decision, dubbing it “patchwork governance.” While the government deliberately chose this semi laissez-faire approach to dispensing the drug in a bid to celebrate regional differences, opponents of this decision aren’t too pleased with the inconsistency of rules across the country.

Adults (18 years and above – although provinces are allowed to set a higher minimum age if they like) will be allowed to carry no more than 30g of dried cannabis at a time. Failing to abide by this law can lead to a five-year imprisonment. Quebec and Alberta have set the minimum age to be legally eligible to purchase marijuana at 18 years, whereas the remaining eight provinces have upped it to 19 years. While you will be permitted to share the drug freely among your acquaintances, you will not be allowed to deal the drug. To wit, if you are an unlicensed retailer, you can face up to 14 years in prison and a fine of up to $5000.

Legal stipulations will also allow you to grow no more than four plants at your home and each of these shouldn’t exceed one metre in height. While nine provinces have fallen in line with this requirement without hesitation, British Columbia has an added clause stating that these shouldn’t be grown in public view.

Have Illicit Traders Planted the Seeds of Their Legalization Into Authorized Channels?

It is believed that the rampant illegal cannabis market was partially responsible for the federal government legalizing the drug. Illegal marijuana dispensaries rake in a whopping $7 billion annually. The federal government spends over $2 billion to enforce this industry. What isn’t, perhaps, as astonishing is that the procedure to acquire a license to legally deal cannabis in Canada is rife with bureaucratic complications and red tape. This poses a significant entry barrier, threatening a shortage of supply in the legalized market, especially until production capacities can catch up with the demand.

In what is a startling twist to this entire tale, early reports suggest that a couple of Canada’s illegal dispensaries are very likely to withstand the transition and find themselves licensed retailers of the drug.

Is This a Gateway to Legalizing Other Drugs and Impacting Drug Possession Laws As We Know it?

Justin Trudeau is maintaining an adamant stance that his administration will not be de-criminalizing any other controlled substances. Despite several petitions to do so at the Liberals’ 2018 policy convention, his decision remains unswayed. As there is a significant difference in health risks associated with drugs like heroin, cocaine, and fentanyl as compared to marijuana, experts do not predict there to be any change in the drug possession laws in the future.

However, the legalization of cannabis opens up a very important dialogue. Two primary reasons that prompt the legalization of controlled substances are: health-based and enforcement-related. If we’re following through with the enforcement approach, other illegal drugs could perhaps be legalized, restrictedly, in order to curb their being retailed underground. Regardless, this new legislation is a stepping stone to how we tackle illicit substances and rehabilitate people who face drug addiction and drug-related charges.

We’re just one call away!

Drug possession laws, especially with regards to marijuana, will soon encounter a very controversial change. If you find yourself in need of a trusted and experienced criminal defense lawyer to competently handle a drug conviction in light of all this new information, get in touch with Erickson Law at (416) 363-3612.

Tag: drug possession lawyer