Drug charges in Calgary come from the Controlled Drugs and Substances Act (CDSA), the federal law covering possession, trafficking, production, and importing or exporting.
Most of the drugs involved, including cocaine, heroin, fentanyl, and oxycodone, fall under Schedule I, the most serious category, where trafficking, production, and importing charges carry a maximum of life imprisonment.
Your case almost always turns on how the police gathered their evidence. A search without proper legal grounds, a flawed search warrant, or a delay in access to a lawyer can result in key evidence being thrown out and the charge being withdrawn, often before trial.
KEY TAKEAWAYS
- Cory starts with the police stop, the arrest, and any warrant, and checks each one against the Charter line by line. A breach in any of them can weaken the Crown’s whole case.
- The first 24 to 48 hours shape your case. Say nothing to police after identifying yourself, write down what happened, and keep your charge off jail calls, social media, and conversations with co-accused.
- The charge sets the stakes. Simple possession of a Schedule I drug carries up to 7 years, and cannabis is no longer a CDSA offence since the Cannabis Act took over in October 2018.
- A conviction follows you. A permanent criminal record can limit your job, your professional licence, your travel to the United States, and, for non-citizens, your immigration status.
- Only a conviction creates a criminal record. A stay, the Alternative Measures Program, or a peace bond can resolve your case without one, and Cory is ready to take it to trial if the Crown will not agree.
ABOUT CALGARY CRIMINAL DEFENCE LAWYER CORY WILSON
Cory Wilson has spent more than 16 years defending people charged with drug offences in Calgary and has appeared at every level of court in Alberta. He earned his J.D. from the University of Calgary Faculty of Law, articled at Bennett Jones LLP, and trained under Willie deWit Q.C., now a judge of the Alberta Court of Appeal, and the late Hersh Wolch Q.C.
He is a member of the Law Society of Alberta, the Canadian Bar Association, and the Legal Education Society of Alberta. He holds a 4.9 rating across more than 130 Google reviews, is rated among Calgary’s top criminal defence lawyers by Three Best Rated and Calgary’s Best Rated, and has had his cases featured in the Calgary Herald.
On drug files, his record includes a client charged with possessing cocaine, fentanyl, and marijuana for the purpose of trafficking, along with multiple firearms offences and proceeds of crime, after police raided his home and he gave a statement. Cory found defects in the search warrant application and took them to the Crown. Every charge was stayed before trial, leaving the client with no criminal record.
Outcomes like that are decided early. The Charter review of the search, the warrant, and the arrest happens in the first weeks, and the Crown’s willingness to withdraw or stay a charge is shaped by what the defence shows it then, not at trial. Cory takes these problems directly to the federal Crown prosecutors who handle drug files, while the charge can still be withdrawn or stayed.
Drug charges start in a few ways: a tip from the public, a traffic stop, or a search warrant. Each one has rules that the police must follow, and each one is a place where the Crown’s case can break. Cory has represented clients stopped on the road, arrested after a tip, and raided at home. He has found the Charter problems in each and put them before the Crown while they could still change the outcome.
If you have been charged with a drug offence or police have asked you to come in for a statement, speak to a lawyer before you say anything. Call 403-978-6052, 24 hours a day, for a free consultation.
WHAT SHOULD YOU DO RIGHT NOW?
The decisions you make in the first 24 to 48 hours after an arrest or search can shape the rest of your case.
Take these steps immediately in a drug case:
- Say nothing to the police after identifying yourself. Anything you add to your statement can be used against you later.
- Write down everything you remember about the stop, search, or raid. Note the time, location, what officers said, and whether they had a warrant.
- Call a criminal defence lawyer. The earlier you call a lawyer, the stronger the possible starting points are to challenge the Crown’s case.
- Do not discuss your charge on the phone from jail, on social media, or with co-accused. Calls from detention are recorded. Messages can be used against you.
“People accused of drug offences in Calgary often make the mistake of assuming that because drugs were found in their car, their home, or near them, they’re automatically going to be found guilty. They also assume that the quantity of drugs automatically means they’ll be charged with trafficking, or that there is little a lawyer can do if the police have all that physical evidence. In reality, a drug prosecution may turn on whether the Crown can prove knowledge, possession, control, and, in trafficking cases, the purpose of trafficking. Circumstances of the search, the reliability of the police investigation, and the admissibility of statements and other evidence can be critical to their defence.”
Cory Wilson, Criminal Defence Lawyer
WHAT CHARGES FALL UNDER DRUG OFFENCE LAW?
Most Calgary drug charges come from the Controlled Drugs and Substances Act (CDSA).
The table below summarizes the main offences and their maximum penalties:
|
OFFENCE |
WHAT IT MEANS |
MAXIMUM PENALTY |
|---|---|---|
| Possession (s. 4) | Having a controlled substance without authorization. | Up to 7 years for Schedule I drugs (such as cocaine, heroin, or fentanyl). |
| Possession for the purpose of trafficking (s. 5) | Holding drugs with the intent to sell or share them. | Life imprisonment for Schedule I or II substances. |
| Trafficking (s. 5) | Selling, sharing, or delivering a controlled substance. | Life imprisonment for Schedule I or II substances. |
| Importing and exporting (s. 6) | Bringing a controlled substance into or out of Canada. | Life imprisonment for Schedule I or II substances. |
| Production (s. 7) | Growing, manufacturing, or cultivating a controlled substance. | Life imprisonment for Schedule I substances. |
The most common Schedule I controlled substance offences in Calgary involve the following drugs:
- Cocaine
- Heroin
- GHB
- Ecstasy
- Oxycodone
- Fentanyl
Marijuana was removed from the CDSA in October 2018. It is now regulated separately under the Cannabis Act, with its own offences and penalties.
WHAT IS THE LONG-TERM IMPACT OF A DRUG CONVICTION?
The specific outcome depends heavily on:
- The drug schedule.
- The quantity involved.
- Whether the Crown proceeds by indictment or summary conviction.
Regardless, a conviction on any of these charges can mean much more than serious jail time.
It can result in a permanent criminal record, which can negatively impact the following:
- Employment, careers, and professional licences.
- Travel to countries like the United States, due to border checks.
- Immigration status (removal is possible for non-Canadian citizens).
This is why it’s important to talk to Cory about building the strongest possible defence from the moment you are charged.
HOW CAN CORY WILSON HELP WITH YOUR DRUG CHARGE?
Cory has appeared at every level of court in Alberta. He has defended clients charged with everything from simple possession to trafficking and production.
In drug cases, he combines the following approaches:
- A detailed review of the search and arrest.
- Aggressive negotiation strategies
- Trial advocacy, if necessary.
Cory starts by speaking directly with the police and the Crown. He can work to secure your release with as few conditions as possible. He will represent you at your bail hearing if the police don’t release you after photographing and fingerprinting.
Bail conditions for drug charges may include:
- No contact with named co-accused or witnesses.
- A curfew or house arrest, with limited exceptions.
- No possession of drugs, alcohol, or weapons.
- Limits on cell phone or internet use.
- Regular check-ins with a bail supervisor.
If you are denied bail, you will likely be held at the Calgary Remand Centre (12200 85 Street NW, Calgary, Alberta, T3R 1J3) while your case proceeds.
Most drug charges in Calgary begin at the Alberta Court of Justice. This is located inside the Calgary Courts Centre at 601 5th Street SW. More serious drug offences, including large-scale trafficking, production, and importing charges, are heard at the Court of King’s Bench of Alberta, housed in the same building.
BUILDING YOUR DEFENCE
After Cory has received the Crown’s disclosure package, he examines the evidence line by line. He looks for weaknesses, holes, or gaps in the Crown’s case against you.
The defence he presents might include any of the following arguments:
- Unlawful search or seizure. If police lacked proper grounds for a stop, search, or warrant, the drugs and any statements found may be excluded from trial.
- Lack of knowledge or control. The Crown must prove you knew about the drugs and had control over them. This is a common issue in shared vehicles, homes, or storage units.
- Charter breaches during arrest. Delayed access to a lawyer, failure to inform you of your rights, or an unlawful detention can all form the basis of a defence application.
- Problems with the Information to Obtain (ITO). Search warrants are based on a sworn document called an ITO. Errors, omissions, or exaggerations in this document can render the warrant, and everything found under it, invalid.
Cory reviews every piece of disclosure for these issues before they get missed.
“A strategy that I use that may not be immediately obvious is attacking the Crown’s theory of the case rather than simply arguing that the drugs were not my client’s. I generally will try to work backward from what the Crown must ultimately prove and test each link in the chain: why police focused on the accused, how they obtained the information leading to the search, who actually had access to the location or vehicle, what my client knew, and what the surrounding evidence really establishes about possession or trafficking.”
Cory Wilson, Criminal Defence Lawyer
RESOLVING YOUR CASE BEFORE TRIAL
If the evidence supports it, Cory will begin discussions with the Crown Prosecutor about pre-trial resolutions. Some of these can prevent a criminal record.
In drug cases, possible pre-trial resolutions include.
- Charges withdrawn. The Crown may drop the charges if there are Charter issues or weak evidence.
- Charges stayed. Proceedings are paused indefinitely, usually leaving no conviction.
- The Alternative Measures Program. You complete conditions like community service in exchange for the withdrawal of charges.
- Peace bond. A signed agreement to keep the peace, with the charge withdrawn in exchange.
- Guilty plea to a lesser charge. Resolving the matter with a reduced charge or sentence.
- Conditional sentence order. A guilty plea that is resolved with house arrest instead of jail.
If no resolution is possible, we will proceed to trial. Cory has years of trial experience, including cross-examinations that led to acquittals, even in serious cases.
SUCCESSFUL RESULT: POSSESSION FOR THE PURPOSES OF TRAFFICKING CHARGE DIVERTED WITH NO CRIMINAL RECORD
The police acted on a tip from the public. Cory’s client was charged with possession of cocaine for the purpose of trafficking and proceeds of crime after police pulled over his vehicle and searched it.
- Cory reviewed the disclosure and found that the police did not have proper grounds to arrest the client before the search took place.
- That made the search unlawful under the Charter.
- Cory used this issue to negotiate directly with the Crown.
- The client entered the Alternative Measures Program, completed community service hours, and the charges were withdrawn entirely.
The result: No criminal record.
This is the result of a careful review of the evidence. It is the same approach Cory brings to every drug case he takes on.
“I look closely at the evidence to determine whether the Crown prosecutor can prove knowledge and possession, particularly when drugs are found in a shared vehicle, residence, bag, or any other location where others would have access to those drugs in trafficking cases. I look at whether the evidence actually establishes an intention to traffic, rather than simply showing that drugs were found and my client was present. Drug prosecution cases in Calgary also weaken when there are problems with how police obtained the evidence or how they preserved the evidence.”
Cory Wilson, Criminal Defence Lawyer
TESTIMONIALS
Recent clients have said this about Cory.
In good hands from day one
“One of the best lawyers I’ve ever worked with. Cory doesn’t beat around the bush — just straight to the point, expert guidance, and real results. Cory’s incredibly knowledgeable, sharp, and genuinely cares about his clients. You feel like you’re in good hands from day one. If you want a lawyer who’s smart, efficient, and actually gets things done, Cory is the one to call.”
— J.
You deal directly with Cory
“Cory was an absolute professional from the first moment we spoke. That professionalism and attention to detail never waned throughout the entire process. If you choose Cory as your defence lawyer, you deal directly with Cory… He achieved the result we were looking for and did it as quickly as possible. I can’t say enough positive things about Cory Wilson.”
— J.J.
Made a difficult situation much easier to control
“Not only is Cory a skilled litigator, but his approach is also compassionate. He took the time to listen to my concerns and understood the emotional stress that comes with legal matters. The support throughout the process made a difficult situation much easier to control. In the end, the outcome of my case was far better than I had anticipated, and I owe much of that to Cory’s expertise and dedication. If you are in need of a criminal defence lawyer, I highly recommend reaching out to Cory.”
— V.
Read more client reviews. Remember that past results do not guarantee future outcomes.
RELATED OFFENCES
Other offences commonly charged with drug crimes in Calgary include:
- Breach of probation: Failing to follow the conditions of a probation order from an earlier sentence without a reasonable excuse.
- Firearm offences: Possessing, carrying or using a gun illegally.
- View all practice areas
FREQUENTLY ASKED QUESTIONS
WILL A DRUG CHARGE SHOW UP ON A CRIMINAL RECORD CHECK?
Only a conviction creates a criminal record. If your charge is withdrawn, stayed, or you are found not guilty, no record is created. This is why challenging weak evidence early matters so much.
CAN I TRAVEL TO THE UNITED STATES WITH A PENDING DRUG CHARGE?
A pending charge alone will not always block entry, but a conviction for a drug offence can result in a lifetime ban from the United States. Speak to a lawyer before any planned travel.
HOW MUCH DOES A DRUG OFFENCE LAWYER COST?
Charges depend on the complexity of the case. We offer flexible payment plans so that cost is not a barrier to getting proper representation. Every new client receives a free, no-obligation consultation to walk through the charge, the evidence, the realistic path forward, and the fees.
WHAT IS THE ALTERNATIVE MEASURES PROGRAM?
It is a resolution option for some drug charges. An accused person completes conditions, such as community service, instead of proceeding through the court process. This often results in the charges being withdrawn and no criminal record.
SPEAK TO CORY WILSON BEFORE YOU SPEAK TO ANYONE ELSE
Every person charged with a criminal offence deserves skilled representation, regardless of their economic background.
During your free consultation, we will discuss the charges, possible outcomes, defences, and legal fees. We will also explain all the steps ahead, so you know what to expect.
LEGAL REFERENCES
- Controlled Drugs and Substances Act, section 4 (possession)
- Controlled Drugs and Substances Act, section 5 (trafficking and possession for the purpose of trafficking)
- Controlled Drugs and Substances Act, section 6 (importing and exporting)
- Controlled Drugs and Substances Act, section 7 (production)
- Canadian Charter of Rights and Freedoms, section 8 (search and seizure)
- Court of King’s Bench of Alberta
- Alberta Court of Justice
