Drug & Narcotics Offenses

Allen Goldin

Drug Possession & Trafficking Lawyer in Abbotsford and Vancouver, BC

Drug Charge Defence Across British Columbia

Allen Goldin is a criminal defence lawyer who defends drug charges across British Columbia, from offices in Abbotsford and downtown Vancouver. He represents people charged under the Controlled Drugs and Substances Act (CDSA) with possession, possession for the purpose of trafficking, trafficking, importing or exporting, and production, as well as people facing Cannabis Act and prescription drug charges. Allen handles each file personally, from the first call after an arrest to the end of the case in Provincial Court or the Supreme Court of BC.

Drug cases are federal prosecutions, and many are decided before trial, on whether the police search was lawful and whether the Crown can prove knowledge and control. Getting advice early, before you speak to police or agree to conditions you cannot follow, keeps more options open. If your charge was laid in the Fraser Valley, see the page for a drug charges lawyer in Abbotsford.

How the Controlled Drugs and Substances Act Works

Schedules, offences and maximum penalties

The CDSA sorts drugs into schedules, and the schedule sets the penalty. Schedule I covers the drugs treated most seriously, including opioids such as fentanyl, heroin and oxycodone, along with cocaine and methamphetamine. Possession is an offence only for substances in Schedules I, II and III, so possessing a Schedule IV drug such as a benzodiazepine is not a crime on its own, although selling it is.

The main offences are possession (section 4), trafficking and possession for the purpose of trafficking (section 5), importing and exporting (section 6) and production (section 7). For Schedule I drugs, possession carries up to seven years on indictment, while trafficking, importing and production carry a maximum of life imprisonment. Since November 17, 2022, none of these offences has a mandatory minimum sentence, which gives the judge room to fit the sentence to the person and the facts.

Simple Possession Charges in BC

Simple possession means having a controlled substance for your own use. For three years, BC’s pilot exemption allowed adults to carry up to 2.5 grams of some drugs; it was narrowed in 2024 and ended on January 31, 2026, so possession anywhere in the province can again lead to a charge. Before charging, police must consider a warning or a referral to a treatment program, and prosecutors can only go ahead if those options are not appropriate. A simple possession conviction is set aside from other records two years after the conviction, or after the sentence ends if that is later.

Possession for the Purpose of Trafficking

This charge does not require proof of a sale. The Crown asks the court to infer an intent to sell from the surrounding facts: an amount larger than personal use, drugs divided into small packages, scales, cash in small bills, debt lists or messages. A police expert usually testifies about what is typical for users and for sellers. The defence tests that opinion against the actual evidence, and may call evidence of personal use or of an innocent reason for the cash. The maximum sentence is the same as for trafficking.

Trafficking, Offers and Phone-Line Cases

Under the CDSA, trafficking is wider than selling. Giving drugs to a friend, delivering them for someone else or offering to supply them can all be trafficking, even when no money is involved. Trafficking files often begin with an undercover purchase or a police call to a suspected drug line. The Supreme Court of Canada has held that police need reasonable suspicion before offering someone the chance to sell; if they did not have it, the charge can be stayed for entrapment.

Prescription Drug Charges

Many opioids sold by prescription, such as oxycodone and hydromorphone, are Schedule I drugs, so carrying them without your own prescription can lead to the same possession or trafficking charges as street drugs. Section 4(2) of the CDSA also makes it an offence to obtain a controlled substance from a doctor without disclosing similar prescriptions received from other practitioners in the previous 30 days. These cases often turn on medical records and on what the person actually knew, and for health professionals they can raise discipline issues as well.

Illegal Searches and the Charter

Section 8 of the Charter protects against unreasonable search and seizure, and many drug defences start there. Police generally need a warrant to search a home or a phone, and the warrant must rest on a sworn document that gives a judge real grounds. Searches of cars and people need grounds too. When a search breaches the Charter, the court decides under section 24(2) whether admitting the evidence would bring the administration of justice into disrepute, weighing how serious the breach was, its impact on the accused and society’s interest in a trial on the merits.

Importing and Exporting Drugs

Bringing drugs into or out of Canada is an offence under section 6 of the CDSA, with a maximum of life imprisonment for Schedule I substances. In BC these charges come from CBSA seizures at Vancouver International Airport, the Port of Vancouver and land crossings such as Douglas, Pacific Highway and Abbotsford–Huntingdon, and from parcels sent by mail or courier. The central issue is usually knowledge: whether the accused knew the drugs were in the luggage, the vehicle or the package. Searches at the border follow different rules from searches inside Canada, which changes how they are challenged.

Production, Grow Operations and Drug Labs

Production covers manufacturing, cultivating or harvesting a controlled substance, from a methamphetamine lab to a psilocybin grow. For Schedule I and II drugs the maximum is life imprisonment; for Schedules III and V it is ten years. These cases usually start with a search warrant at a home, a rental unit or a rural property, so the defence focuses on the warrant and on who actually controlled the space. Property involved can also be targeted by BC’s Civil Forfeiture Office, separately from the criminal case.

Wiretaps, Phones and Large Investigations

Larger drug investigations often rely on wiretaps authorized under Part VI of the Criminal Code, production orders for phone and bank records, tracking devices and months of surveillance. Each tool needs judicial authorization, and each authorization can be reviewed for whether police met the legal test and gave the judge full and fair information. Text messages and phone extractions also matter in smaller cases, where the question is often who was using the phone. Disclosure in these files can be very large, and reviewing it early pays off.

Bail After a Drug Arrest

A person held after a drug arrest must be brought before a justice, usually within 24 hours. For trafficking, importing, exporting and production charges that carry a possible life sentence, the Criminal Code puts the burden on the accused to show why release is justified, so preparation matters: a workable plan, a surety where needed, and conditions that fit your work and family. Common conditions include curfews, no-go areas and restrictions on phones or contacts, and breaching any of them is a separate offence. More on bail in our criminal defence FAQs.

Federal Prosecutors and BC Courts

Drug offences under the CDSA are prosecuted by the Public Prosecution Service of Canada, not BC Crown counsel, whether the arrest was made by a municipal force such as the Vancouver Police or by the RCMP. Most cases are heard in Provincial Court, in Vancouver at 222 Main Street or at courthouses such as the Abbotsford Law Courts. Where the Crown proceeds by indictment, the accused can usually choose a trial in the Supreme Court of BC, and a preliminary inquiry is available for offences carrying 14 years or more. Vancouver’s Drug Treatment Court, also at 222 Main Street, offers a treatment-based option for some people whose offences are driven by addiction.

Cannabis Act Charges

Cannabis is regulated rather than banned, but the Cannabis Act and BC’s Cannabis Control and Licensing Act still create criminal and provincial offences. Selling without a licence, giving cannabis to a minor, carrying more than the 30-gram public limit and producing beyond what the law allows can all lead to charges, and unlicensed distribution or sale carries up to 14 years on indictment. In BC the legal age is 19. Where a search turns up cannabis and other drugs, the same Charter arguments can be used against both sets of charges.

Sentencing, Records and Immigration

With no mandatory minimums, a drug sentence depends on the substance, the amount, the person’s role, any record, and steps such as treatment. Bill C-5 also widened the use of conditional sentences served in the community. A conviction still creates a criminal record that can affect work, travel to the United States and immigration status: under the Immigration and Refugee Protection Act, a conviction for an offence punishable by ten years or more, such as trafficking, can make a permanent resident inadmissible for serious criminality. These consequences should be weighed before any plea.

Personalized Representation Tailored to Your Case

Why Choose Allen Goldin for Your Defense

Every case is unique, and I ensure that each client receives focused, individualized attention. You will work directly with me from start to finish, avoiding the frustrations of being passed between different lawyers or staff members. This direct approach allows me to fully understand your needs and build a defense strategy designed specifically for your situation.

Proven Experience in Criminal Defense

With years of experience defending clients against drug and narcotics charges, I understand the complexities of the law and the strategies needed to achieve successful outcomes. My hands-on approach has helped individuals and families facing severe legal challenges regain control of their lives. From possession to trafficking cases, I bring a track record of results to every client I represent.

Accessible and Transparent Legal Support

Clear communication and transparency are at the core of my practice. I ensure that you’re informed at every step, with no surprises or hidden agendas. My commitment to availability means you can reach me when it matters most, providing peace of mind during an uncertain time.

Our Process

We’ve made it simple and stress-free to get the expert legal help you need. Here’s how it works:

Speak with
Allen Goldin

Call me, email me or fill out our form to discuss your case and get immediate guidance tailored to your situation.

Schedule a
free consultation

I prioritize meeting with clients quickly—often the same day or the next day. Schedule a free consultation to discuss your case, get immediate guidance, and begin exploring your legal options.

Work with
Allen Goldin

Partner with me to fight for your rights and secure the best possible outcome for your case.

I am here to guide you through every step of the process with professionalism, dedication, and personalized support.

Drug Charge Questions Across British Columbia

Hidden

How long can you go to jail for drug possession in Canada?

There is no minimum. For a Schedule I drug such as fentanyl or cocaine, the maximum is seven years if the Crown proceeds by indictment. If it proceeds summarily, a first offence carries up to $1,000 and six months, and a later offence up to $2,000 and one year. Simple possession can also be dealt with through a warning or a referral to treatment instead of a charge.

What is the sentence for drug trafficking in Canada?

Trafficking or possessing for the purpose of trafficking a Schedule I or II drug carries a maximum of life imprisonment, and no mandatory minimum has applied since November 17, 2022. The sentence actually imposed depends on the drug, the amount, the person’s role, their record and their personal circumstances, and since Bill C-5 judges can consider community-based sentences in more cases.

What are Schedule 1 drugs in Canada?

Schedule I of the Controlled Drugs and Substances Act lists the substances with the heaviest penalties. It includes opioids such as fentanyl, heroin, oxycodone and hydromorphone, as well as cocaine and methamphetamine. Possession carries up to seven years on indictment, and trafficking, importing or producing a Schedule I drug carries up to life imprisonment.

Is it illegal to have prescription drugs without a prescription?

It depends on the schedule. Possessing a Schedule I, II or III drug without authorization is an offence, and that covers many prescription opioids. Possessing a Schedule IV drug, such as a benzodiazepine, is not an offence on its own, but selling or giving it away is. Getting a prescription without telling the doctor about others received in the past 30 days is also an offence.

What is the difference between trafficking and possession for the purpose of trafficking?

Trafficking is the act itself: selling, giving, transferring, transporting, sending, delivering or offering a controlled substance. Possession for the purpose of trafficking means having drugs with the intention of doing one of those things, usually proved through quantity, packaging, scales, cash or messages. Both carry the same maximum sentence.

What are examples of possession of a controlled substance?

Drugs in your pocket or bag are personal possession. Drugs you knowingly keep in your car, a storage unit or a friend’s apartment are constructive possession, even if you are not there. If two people share drugs with each other’s knowledge and consent, both can be in joint possession. In every case the Crown must prove you knew about the drugs and had some control over them.

Can drug charges be dropped in BC?

Yes. The Public Prosecution Service of Canada can stay or withdraw drug charges if there is no longer a reasonable prospect of conviction or a prosecution would not serve the public interest, for example after a successful Charter challenge to a search. For simple possession, prosecutors must first consider a warning, a referral or alternative measures.

Can I travel to the United States with a drug charge?

A Canadian drug conviction can make you inadmissible to the United States, and so can admitting to a US border officer that you used or possessed drugs, even without a conviction. A pending charge can also lead to questions at the border. Travellers who are refused may need a US entry waiver, so get advice before crossing while a drug case is open or after a conviction.

Take Control of Your Future Today

Allen Goldin defends drug charges throughout British Columbia from his offices in Abbotsford and downtown Vancouver, in courts from Vancouver and Surrey to Abbotsford, Chilliwack and the rest of the Fraser Valley. If police have searched your home, car or phone, or you have been charged with a drug offence, speak to a lawyer before you give a statement. For Vancouver cases, see Allen’s criminal lawyer in Vancouver page, or call 778-251-9391.