Charges · Drug possession · Ontario
What happens after a drug possession charge in Ontario?
What it means, what usually happens next, and what to bring to the first call.
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In short
- Possession means the police say you had a controlled substance and knew it was there; possession “for the purpose of trafficking” (s. 5) adds an alleged intent to sell.
- Small personal-use amounts are often diverted away from court in Ontario; trafficking charges are not.
- Drug charges in Ontario are prosecuted by the federal Crown, not the provincial one.
What usually happens next
- At the scene
Search and seizure Police may search the person or vehicle and take items as evidence, including phones and cash. Items taken are usually listed.
- First hour
Arrest and rights The person is told the reason for the arrest and the right to speak to a lawyer privately. Police must give a chance to call one.
- Next few hours
Which charge The charge depends on what was found and how much. Possession and possession for the purpose of trafficking are treated very differently.
- Before release
Released or held Smaller possession cases are often released with papers. Trafficking-type charges are more often held for a bail hearing.
- Afterwards
Seized property Seized items are usually kept until the case ends or a court orders them returned.
What should you bring to the first call?
What do we see with drug possession charges?
People often don’t know whether they were charged with simple possession or possession for the purpose of trafficking — the paper says which, and the difference is large. When you call, we read the charge with you, ask about the release conditions, and open the file. The federal Crown handles drug charges; the first steps are the same as any other charge.
What do people ask about drug possession charges?
Can the police search my phone?
Generally, police need a search warrant to search the contents of a phone, even if the phone is seized at the time of arrest.
Do I have to talk to the police?
No — a person does not have to answer police questions, whether that’s in person, at a station, or over the phone. You can confirm identifying information if asked, but you’re not required to explain, discuss the events, or answer follow-up questions.
What should I bring?
Bring every paper the police gave you (release order, undertaking, appearance notice); photo ID; any texts, photos or messages about it; any paper about property the police took.
Is there diversion for simple drug possession in Ontario?
Possession charges in Ontario are prosecuted federally. Federal guideline 5.13 (August 2020) directs prosecutors to focus prosecution on the most serious possession cases, those raising public safety concerns, and otherwise to pursue suitable alternative measures and diversion.
Who speaks for the prosecution at a bail hearing in Ontario?
Most bail hearings in Ontario are held in the Ontario Court of Justice, with a Crown attorney speaking for the prosecution.
Sources
- Controlled Drugs and Substances Act, ss. 4–5, accessed September 22, 2026
- Public Prosecution Service of Canada, drug prosecutions, accessed September 22, 2026
- Steps to Justice (CLEO), accessed September 22, 2026
- PPSC Deskbook guideline 5.13 (August 2020), accessed September 22, 2026
- Public Prosecution Service of Canada — areas of prosecution, accessed September 22, 2026
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