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Production of Substance

A conviction for the production of drugs contrary to s. 7 of the Controlled Drugs and Substances Act can have very serious consequences.  The nature of the penalty depends upon the type of drug and the quantity.  Obviously production of marijuana is far less serious than the production of other drugs such as crystal meth, crack cocaine, fentanyl etc.

The definition of producing is to obtain the substance by any method or process including
(a) manufacturing, synthesizing etc
(b) cultivating etc

Defending these charges requires a careful analysis of all the facts.  First and foremost, was the police investigation and search legal.  Secondly, can the Crown connect the accused person to the actual production.  If the police search violates section 8 of the Charter (which guarantees the right against unreasonable search and seizure), the charge can be thrown out or stayed.   Police conduct in these cases must be carefully scrutinized.  Past experience has illustrated that some drug enforcement officers have been prepared to cross the line.  The police must swear and affidavit in order to get a search warrant.  A careful review of this affidavit is crucial to the defence.

Significant jail sentences are common if convicted.

Call us, we have experience defending this charge, we can help.

Criminal Code: Production of Substance/ Punishment/ Factors

7. (1) Except as authorised under the regulations, no person shall produce a substance included in Schedule I, II, III, or IV.

(2) Every person who contravenes subsection (1)
(a) If the subject matter of the offence is a substance included in Schedule I, is guilty of an indictable offence and liable to imprisonment for life and to a minimum punishment of imprisonment for a term of three years if any of the factors set out in subsection (3) apply and for a term of two years in any other case;
(a.1) if the subject matter of the offence is a substance included in Schedule II, other than cannabis (marijuana), is guilty of an indictable offence and liable to imprisonment for life, and to a minimum punishment of imprisonment
(i) for a term of one year if the production is for the purpose of trafficking, or and any of the factors set out in subsection (3) apply;

(b) if the subject matter of the offence is cannabis (marijuana), is guilty of an indictable offence and liable to  imprisonment for a term of not more than 14 years, and to a minimum punishment of
(i) imprisonment for a term of six months if the number of plants produced is less than 201 and more than five, and the production is for the purpose of trafficking,
(ii) imprisonment for a term of nine months if the number of plants produced is less than 201 and more than five, the production is for the purpose of trafficking and any of the factors set out in subsection (3) apply,
(iii) imprisonment for a term of one year if the number of plants produced is more than 200 and less than 501,
(iv) imprisonment for a term of 18 months if the number of plants produced is more than 200 and less than 501 and any of the factors set out in subsection (3) apply,
(v) imprisonment for a term of two years if the number of plants produced is more than 500, or
(vi) imprisonment for a term of three years if the number of plants produced is more than 500 and any of the factors set out in subsection (3) apply;

(c) where the subject-matter of the offence is a substance included in Schedule III,
(i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or
(ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months; and
(d) where the subject-matter of the offence is a substance included in Schedule IV,
(i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years, or
(ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.

(3) The following factors must be taken into account in applying paragraphs (2)(a) to (b):
(a) the person used real property that belongs to a third party in committing the offence;
(b) the production constituted a potential security, health or safety hazard to persons under the age of 18 years who were in the location where the offence was committed or in the immediate area;
(c) the production constituted a potential public safety hazard in a residential area; or
(d) the person set or placed a trap, device or other thing that is likely to cause death or bodily harm to another person in the location where the offence was committed or in the immediate area, permitted such a trap, device or other thing to remain or be placed in that location or area.

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