Drug Production and Cultivation Charges
Calgary's Top Production and Cultivation Defence Lawyers
New Federal minimums for Drug Production reinforce the importance of effective legal representation. If you are facing a drug production or drug cultivation charge, call today for help. Your initial consultation is free and we will carefully listen to you. We have the knowledge & experience necessary to help you face these serious allegations.
What Constitutes a Drug Production or Cultivation Charge?
The Controlled Drugs and Substances Act (CDSA) defines production as follows:
2 (1) “produce” means, in respect of a substance included in any of Schedules I to IV, to obtain the substance by any method or process including
(a) manufacturing, synthesizing or using any means of altering the chemical or physical properties of the substance, or
(b) cultivating, propagating or harvesting the substance or any living thing from which the substance may be extracted or otherwise obtained, and includes offer to produce;
Production therefore includes everything from the manufacturing of ecstasy and meth labs to the cultivation of marijuana in grow ops.
How we Defend your Drug Production Charge
The police must follow strict procedure when searching grow houses and other production facilities.
Peter and Ryan have the experience needed to fully analyze and questions all aspects of the search warrant as well as search and seizure techniques used by the police.
It may be possible to challenge the search warrant. Even if the police have a valid warrant for the location where the drugs were found, it may be possible to challenge the issuing of the warrant. For example, perhaps the police officers who obtained the warrant relied on unreliable information. In many cases, a successful motion to invalidate a search warrant will result in a verdict of “not guilty.”
In our experience, regular citizens with no criminal associations can be lured into growing marijuana to aid a friend or shore up finances. In some cases, we have been able to win acquittal for persons who were simply running away from a grow operation or even living/ working in a grow op.
What Are the Penalties I face for Drug Production or Cultivation?
Penalties for drug production vary greatly depending on the quantity and type of substance produced.
- For Schedule I substances (such as heroin, cocaine and oxy) the maximum period of jail possible is life. You can received a minimum of 3 years of you produce a schedule I substance in excess of a certain amount.
- For Schedule II narcotics (such as cannabis and hash) the maximum period of jail possible is life. You may also be liable to a minimum of between 1 and 3 years, depending factors including the specific illicit drug, whether your operation created a health, or security hazard in the community the amount and the number of plants grown.
- For a Schedule III substance (such as LSD) you face a maximum penalty of 10 years
- For Schedule IV drugs (such as a benzodiazepine production carries a maximum of 3 years in jail
Especially in the area of grow ops, the Crown has increased its enforcement provisions and punishments. There is an- incorrect- public understanding that the courts view marijuana cultivation as a minor offence. However, the maximum sentence for growing marijuana is seven years in prison.