Being charged with drug possession in Ontario is a serious matter that can affect your freedom, future opportunities, and even your immigration status. Whether it’s your first time facing criminal charges or you’ve had previous contact with the justice system, it’s critical to understand your rights — and act quickly.
At The Law Office of Amy Osman, we know how overwhelming this moment can be. But being charged is not the same as being guilty. You deserve a legal defence that is compassionate, strategic, and unwavering. With decades of experience defending lives, Amy Osman provides trusted defence when everything’s on the line.
This article will help you understand the nature of possession charges in Ontario, what steps you need to take immediately after an arrest, and how working with a criminal defence lawyer in Windsor can protect your future.
What Is Drug Possession Under Canadian Law?
Under the Controlled Drugs and Substances Act (CDSA), it is illegal to possess any substance listed in Schedules I to IV of the Act. This includes:
- Schedule I: Cocaine, heroin, fentanyl, methamphetamine, opium, etc.
- Schedule II: Cannabis (unless legally possessed)
- Schedule III: LSD, psilocybin (magic mushrooms), etc.
- Schedule IV: Prescription drugs like Xanax or Valium (without a prescription)
To be charged with simple possession, the Crown must prove beyond a reasonable doubt that:
- You had a substance in your possession;
- You knew what the substance was; and
- The substance is classified as a controlled drug.
Possession doesn’t always mean the drugs were on your body — they could have been in your backpack, car, or apartment. If you had control over the area or item where the drugs were found, you could still be charged.
Consequences of a Possession Charge
The penalties for drug possession vary depending on:
- The type and quantity of drug
- Whether it was for personal use or trafficking
- Your criminal history
- Any aggravating factors (e.g. possession near a school)
Conviction may lead to:
- A criminal record (which can affect employment, housing, and travel)
- Fines and probation
- Jail time, especially for repeat offences or serious drugs like fentanyl
- Potential immigration consequences if you’re not a Canadian citizen
That’s why having a criminal defence lawyer in Windsor by your side is essential.
First Steps to Take After Being Charged
If you’ve been arrested for drug possession in Ontario, follow these critical steps:
1. Remain Silent
You have the right to remain silent — use it. Anything you say to police can be used against you in court. Politely decline to answer questions until you speak with your lawyer.
2. Request Legal Counsel
You have the right to a lawyer. Contact one immediately and don’t delay. The Law Office of Amy Osman is available to help you navigate your next steps and protect your rights from the outset.
3. Avoid Talking to Anyone Else About the Case
Don’t discuss the details of your charge with family, friends, or others — even in texts or on social media. These messages can be subpoenaed in court.
4. Document What Happened
As soon as possible, write down everything you remember about your arrest, including the timeline, what was said, and who was present. These details may help your defence.
Why You Need a Criminal Defence Lawyer Immediately
Drug possession charges can have lifelong consequences, even if the quantity involved was small. Without a strong legal defence, you could end up with a conviction that limits your ability to work, travel, or remain in Canada.
Here’s what a lawyer like Amy Osman can do:
- Review how the evidence was obtained — Was your search lawful? Were your rights respected?
- Challenge the possession itself — Were the drugs really yours? Did you have knowledge or control?
- Negotiate with the Crown — In some cases, we may seek a diversion, peace bond, or withdrawal of charges.
- Protect your immigration status — As an experienced immigration lawyer in Windsor, Amy can guide you if a conviction may affect your residency, work permit, or citizenship application.
What If You’re Not a Canadian Citizen?
Drug charges are particularly serious if you are:
- A permanent resident
- On a study or work permit
- A refugee claimant or visitor
A criminal conviction could lead to:
- Inadmissibility
- Revocation of PR status
- Deportation
- Barriers to future immigration applications
Amy Osman is both a criminal defence lawyer in Windsor and a trusted immigration lawyer Windsor residents rely on. Her insight into how these legal systems overlap allows her to build a defence that protects your legal rights and your immigration future.
Frequently Asked Questions
What if the drugs weren’t mine?
If the drugs were found in your space or belongings, you may still be charged under the concept of “constructive possession.” A strong defence can challenge whether you had knowledge or control.
Will I go to jail for a small amount?
It depends on the substance, your record, and the circumstances. A first-time possession charge for a small amount may result in a diversion program or discharge — especially with the right legal support.
Can this be removed from my record?
Possibly. In some cases, if charges are withdrawn or you receive an absolute or conditional discharge, you won’t have a criminal conviction. Your lawyer can also advise if a record suspension (pardon) is possible down the road.
Amy Osman: Compassionate Defence When You Need It Most
Being charged with possession doesn’t define you — and it shouldn’t determine your future. At The Law Office of Amy Osman, we provide more than just legal knowledge. We provide guidance when everything feels uncertain.
Amy is:
- A trusted advocate with decades of experience
- Fluent in English and Arabic, providing inclusive support
- Known for her compassion, strategic thinking, and relentless defence
- A firm believer that everyone deserves to be heard and defended
Whether this is your first charge or not, you can count on our team to help you move forward with confidence and clarity.
🔹 “We don’t judge – we defend.”
Contact Us Today
Don’t wait to get help. The earlier you involve a lawyer, the more options you may have.
📞 Call or WhatsApp: 519-253-4662
🌐 Visit: www.osmanlaw.ca
📍 Serving Windsor and all of Ontario