With the proliferation of illegal drug production and distribution, law enforcement agencies in Canada have increasingly cracked down on drug-related crimes, resulting in harsh penalties for those convicted. Individuals charged with drug production offences face significant consequences, including imprisonment, fines, and a permanent criminal record. The complexity of drug production charges means that effective defence strategies must address a range of legal, scientific, and technical issues, which requires significant experience.
Patrick C Fagan, K.C. has that experience. With a track record of not only defending but also winning drug production cases for the past 30 years, Patrick C Fagan, K.C., has become one of the foremost drug offence lawyers in Calgary. What sets him apart from others is his unique background as a former Royal Canadian Mounted Police (RCMP) drug investigator, which has provided him with unparalleled insight and expertise in defending clients against drug production charges in court.
Defending Calgary Drug Production Charges
Drug production charges are among the most severe criminal offences in Canada, carrying significant penalties, including the possibility of life imprisonment, which can have a profound impact on the lives of those accused and convicted. The crime refers to the manufacturing, synthesizing, cultivating, or harvesting of a controlled substance and is considered a serious offence under Canadian law, which can lead to lengthy prison sentences, heavy fines, and the forfeiture of assets.
The Controlled Drugs and Substances Act (CDSA) lists several substances that are illegal to produce, including cocaine, heroin, opioids, and methamphetamine. It also includes the production of precursor chemicals, such as ephedrine, which can be used to manufacture drugs.
In addition to drug production, the CDSA also prohibits possessing the equipment, materials, or substances necessary for the production of controlled substances, as well as possessing property used to store or conceal these materials.
35 Years of Courtroom Experience
As one of the foremost drug production lawyers in Calgary, Patrick C Fagan, K.C. has unparalleled expertise in challenging drug production prosecutions. With more than three decades of experience defending against drug production charges, Patrick C Fagan, K.C., has unparalleled expertise in successfully crafting defence strategies to obtain the best verdicts for his clients.
Accused of producing psilocybin mushrooms – verdict: prosecution killed
R. v. DAR, [ABPC, Didsbury – November 2020]
DAR and his associates engaged in a significant venture to produce psilocybin mushrooms, which the police suspected to be an illegal controlled substance. After obtaining a search warrant and seizing a large amount of the substance, DAR and his associates were charged with violating section 7(1) of the CDSA. However, upon conducting a scientific inquiry, it was discovered that the seized substance may not have strictly met the criteria for being illegal under the CDSA. In the end, Patrick Fagan successfully ended the prosecution by obtaining a Stay of Proceedings.
What are the Potential Consequences of a Calgary Drug Production charge?
Drug production charges carry severe penalties, typically involving a significant period of imprisonment. The severity of the punishment is largely determined by the type of drug produced.
- Substances like cocaine, fentanyl, ketamine, heroin, and opium can result in a maximum prison sentence of life imprisonment, with a minimum sentence of 2 years.
- For drugs like LSD, psilocybin (“magic mushrooms”), and mescaline, the maximum prison term is up to 10 years if the Crown proceeds by way of indictment or 18 months if by way of summary.
Furthermore, drug convictions can have long-lasting negative effects. Those charged may experience serious harm to their reputation among peers and face considerable challenges finding employment. In many cases, drug charges can also affect international travel and have consequences for legal matters such as immigration or child custody/access cases.
What common defences rip apart Drug Production charges?
Several defences may be used in drug production cases, depending on the specific circumstances of the case. Some common defences include:
- Lack of knowledge or intent: If the defendant was not aware of the drug production operation or did not intend to participate in it, they may argue that they cannot be held responsible for the crime.
- Entrapment: If the defendant was induced or coerced into participating in the drug production operation by law enforcement officials, they might argue that they were entrapped.
- Unlawful search and seizure: If law enforcement officials did not have a valid warrant or probable cause to search the defendant’s property, any evidence obtained through the search may be suppressed and not admissible in court.
- Insufficient evidence: If the prosecution cannot prove beyond a reasonable doubt that the defendant was involved in drug production, the charges may be dismissed.
It is important to note that the availability and applicability of these defences will depend on the specific facts and circumstances of each case. A skilled drug production lawyer such as Patrick C Fagan, K.C. can review the evidence and work to build the strongest possible defence for you.
How Patrick C Fagan, K.C. Can Help You
Patrick C Fagan, K.C. has extensive experience defending drug production charges and has a proven track record of success in court. He has defended hundreds of clients and has achieved not-guilty verdicts and the withdrawal of charges for many of them. If you are facing drug production charges and need effective legal representation, contact Patrick C Fagan, K.C., for a personal evaluation. You can reach him by calling 403-517-1777 or emailing email@example.com.