Drug Charge Defence Lawyer
We see the person behind the charges, not just the substance involved.
Drug allegations shouldn't determine your entire life path— we work to protect your future.
Drug Charges in Alberta
Drug charges in Alberta are prosecuted under the federal Controlled Drugs and Substances Act (CDSA) and range from simple possession to trafficking, production, and importation. These charges can result from substances including cannabis (despite legalization), cocaine, fentanyl, methamphetamine, MDMA, psychedelics, and prescription medications.
The consequences of drug convictions extend far beyond potential imprisonment. A drug conviction creates a permanent criminal record that can restrict employment opportunities, limit travel options (particularly to the United States), affect professional licensing, and impact immigration status.
We understand the complexities of drug cases and the various legal and evidentiary issues they present. With our experience on both sides of the legal system, we identify crucial weaknesses in the prosecution's case and develop effective defence strategies tailored to your specific situation.
Types of Drug Charges in Alberta
Possession (Section 4 CDSA)
Simple possession charges apply when a person knowingly has a controlled substance in their possession, whether on their person, in their vehicle, or under their control.
Penalties for Drug Possession in Alberta:
Schedule I drugs (cocaine, heroin, methamphetamine): Up to 7 years imprisonment
Schedule II drugs (cannabis over legal limits): Up to 5 years less a day
Schedule III drugs (LSD, psilocybin): Up to 3 years imprisonment
Schedule IV drugs (prescription drugs): Up to 18 months imprisonment
Permanent criminal record
Possession for the Purpose of Trafficking (Section 5(2) CDSA)
This more serious charge applies when there is evidence suggesting intent to sell or distribute drugs, such as large quantities, packaging materials, scales, or cash.
Penalties for Possession for the Purpose of Trafficking in Alberta:
Schedule I drugs: Up to life imprisonment
Schedule II drugs: Up to life imprisonment
Schedule III drugs: Up to 10 years imprisonment
Schedule IV drugs: Up to 3 years imprisonment
Permanent criminal record
Trafficking (Section 5(1) CDSA)
Trafficking includes selling, giving, transporting, sending, or delivering any controlled substance or offering to do so.
Penalties for Drug Trafficking in Alberta:
Schedule I drugs: Up to life imprisonment
Schedule II drugs: Up to life imprisonment
Schedule III drugs: Up to 10 years imprisonment
Schedule IV drugs: Up to 3 years imprisonment
Permanent criminal record
Production (Section 7 CDSA)
Production charges apply to manufacturing, synthesizing, or cultivating controlled substances.
Penalties for Drug Production in Alberta:
Schedule I drugs: Up to life imprisonment
Schedule II drugs (cannabis): Up to 14 years imprisonment
Mandatory minimum sentences in some circumstances
Permanent criminal record
Our Drug Charge Defence Process
We approach each drug case with a proven methodology developed through years of criminal defence experience. From immediate intervention after charges to strategic representation in court, we guide you through every step while protecting your rights and pursuing the best possible outcome.
Free Consultation
We begin with a thorough discussion of your case to understand the full context of your situation. During this meeting, we listen to your concerns, review available documentation, and explain potential approaches to your legal matter. This foundation allows us to develop a relationship based on understanding and trust.
During this meeting we discuss fees and a budget that can work with your financial situation.
Obtain and Review Disclosure
The first step when someone is charged with a crime is to find out exactly what the Crown is going to try to use against you. This sometimes takes months of diligent inquiry and follow-up.
Once we obtain the Crown’s disclosure file, we sit down with you to discuss the best way to proceed with your defence. Sometimes, this is by way of a quick resolution to a favourable Crown offer; other times, it is by proceeding to trial.
Plan the Defence
If we proceed to trial, we lay out the best defence strategy well in advance, so we have a clear picture of where we are headed.
This includes planning all pre-trial applications (for instance, to introduce expert evidence), lining up any relevant witnesses, and making critical decisions about things like whether you will testify and whether the trial will be by judge alone or judge and jury.
Prepare for Trial
We prepare you and any witnesses for the trial by thoroughly explaining how the trial will look, showing you around a courtroom so that you are comfortable, asking you practice questions so that you get used to speaking in public, and doing mock cross-examinations so that you are not flustered when answering questions.
Trial
At the trial, we stand between you and the power of the State, and mount your best defence.
About Zachary Al-Khatib
Founder of ZK Law specializing in criminal defence and complex legal matters. Former Supreme Court of Canada clerk bringing unique judicial perspective to each case. I combine rigorous advocacy with compassion, ensuring every client's story is heard. Currently teaching at the University of Alberta while maintaining my practice.
Our Testimonials
Case Studies on Drug Charges
In the Media
Our Latest Posts on Drug Charges
Explore our latest articles on assault defense strategies.
Book a free consultation
Contact ZK Law today for a confidential consultation. We will explain your legal options, answer your questions, and start building your defence strategy immediately.
FAQs
Find answers to your most pressing questions about sexual assault and how we can help.
Exercise your right to remain silent and immediately request to speak with a lawyer. Do not consent to searches without a warrant. Do not provide statements to police before consulting with legal counsel. We can advise you on protecting your rights from the earliest stages.
Yes, drug charges can be withdrawn or reduced through various legal strategies. These may include successful Charter challenges if your rights were violated during the investigation, alternative measures programs, diversion, or identifying weaknesses in the prosecution's case.
Jail sentences for simple possession charges are becoming less common, particularly for first-time offenders. We work diligently to pursue alternatives to incarceration and, when possible, resolutions that avoid a criminal record entirely.
To prove possession, the Crown must establish that you had knowledge and control of the substance and knew it was illegal. This can be challenging in cases involving shared spaces, vehicles, or homes where multiple people had access.
Medical cannabis users with valid prescriptions can possess amounts exceeding recreational limits. However, it's a good idea to always have proper documentation, and possession limits still apply based on your specific prescription. Recreational cannabis possession in Alberta is legal up to 30 grams in public or 1000 grams at home.
Still have questions?
We're here to help you with any inquiries.