Drug Possession & Trafficking

Drug Defence Lawyer in Vancouver BC

Are you under investigation for a drug offence?

Drug-related charges are serious offences and can impact your daily life and liberty. If you or a loved one is under investigation for a drug offence, contact us today. 

Vayeghan Litigation is a Vancouver drug defence law firm that takes pride in its record of successfully defending against high-stakes drug possession and trafficking charges.

Have you been charged for the first time? Call us at 778-653-3995 immediately. Drug cases are complex and sentencing can sometimes be different for first-time offenders.  

Here’s what you need to know about various drug offences, penalties, and the multiple stages of proceedings at which we can put forward a strong case for a “No Criminal Record, No Jail” result.

Types of Drug Offences

Many drug charges in Vancouver relate to the possession and trafficking of fentanyl, heroin, MDMA, and cocaine. On certain occasions, we have seen other drugs such as magic mushrooms, GHB, ketamine, and LSD. 

Drug charges can be of different kinds. Possession with an intent to sell, give, or distribute, and trafficking are the most common charges in Metro Vancouver. Producing or importing / exporting drugs in and out of Canada are also criminal offences and can result in a charge.

An important point to note here is that drug ‘possession’ is a highly technical term according to the law. Here’s what ‘possession’ means according to the law.

What is Drug Possession?

Drug possession, according to the law, requires proof that:

  1. the substance is known by the accused person to be an illegal drug, and
  2. that the accused person had control of the substance.

This can present several scenarios where while the drug is found on the accused person, it may not be in the person’s possession, from a legal sense. If you believe this applies to your case, give us a call at 778-653-3995.

You may be charged with drug possession if you have someone else’s drugs on you and you know it, or if the drugs are at your home with your knowledge.

That said, when the police seizes drugs from you, we explore the possibility that they may not have done so following the correct procedure. Here’s why this could get your drug charges dismissed.

What Is an Illegal Search?

In Canada, an illegal search in the context of police drug investigations is a serious breach of Section 8 of the Canadian Charter of Rights and Freedoms, which safeguards individuals from unreasonable search and seizure. To conduct a lawful search, police must typically secure a warrant by presenting evidence that establishes probable cause. Any search executed without a warrant or beyond the parameters set by a warrant can be deemed illegal, particularly if it lacks urgent circumstances that justify a warrantless action.

When an arrest is made without reasonable grounds, it is considered an unlawful arrest, violating the rights protected under Section 9 of the Charter. This protects the liberty of individuals and ensures that police power is exercised judiciously.

Furthermore, the unlawful search of phones during a drug investigation is an increasingly contentious issue, as it intersects with the right to privacy in the digital realm. Phones often contain vast amounts of personal information, and a warrantless search of this device can be an intrusive violation of privacy. The Supreme Court of Canada has ruled that police require specific authorization to search a phone, considering the depth of personal data stored on such devices.

Any evidence obtained through unlawful search or arrest can be excluded from trial under Section 24(2) of the Charter, which mandates that the court must consider the gravity of the Charter infringement and its impact on the public’s confidence in the justice system. This principle reinforces the necessity for lawful police conduct to maintain the integrity of the legal process and uphold individual rights.

At Vayeghan Litigation, we do a thorough review of Crown and police documents and evidence to see if your Charter rights have been violated. If we find that the search may have been illegal, we put forward a pre-trial application. 

We have extensive experience in arguing Charter rights from both sides; the Firm’s founder, Mo Vayeghan, is a former B.C. Crown Prosecutor. Exclusion of powerful evidence will, in most cases, significantly weaken the Crown’s case, making it difficult for the Crown to reasonably pursue a trial.

Penalties for Drug Offenses

Punishments for drug charges are outlined in the Controlled Drugs and Substances Act (CDSA). When the Court is determining the length and type of sentence for a drug offence, it takes into account the type and quantity of drug, the purpose of possession, prior records, etc.

Certain drug offences such as trafficking, possession for the purpose of trafficking, drug production and trade can carry maximum penalties of life imprisonment. Schedule 1 narcotics-related cases carry the highest penalties.

On the other hand, for simple, ‘soft’ drug cases where there are compelling circumstances, such as first-time offenders being caught in a bad situation, it may be possible to get a ‘no jail’ result.

To understand what you can expect from your drug charges, Vayeghan Litigation can provide you with specific answers. Mo Vayeghan, our Firm’s founder, will use his background as a former Crown Prosecutor and experience as a leading Vancouver criminal defence lawyer to get you the best result possible.

Free Consultation

A drug offence conviction can lead to expensive fines, long periods of imprisonment, and a criminal record for the rest of your life. It is important to find a defence lawyer with a proven track record and someone you can rely on.

To understand how best to proceed with your drug offence charges, call us today at 778-653-3995 to set up a free consultation.


  • R. v. A.M. (2023) Case

    Client faced severe charges of sexual assault, assault by choking, and uttering threats, with the potential for a long-term jail sentence if convicted. The case proceeded to a weeks-long trial before a jury in the Supreme Court of British Columbia, involving high stakes for the client. After an intense three-day cross-examination of the complainant, the jury returned a unanimous verdict: Not Guilty on all charges.

    Client fully acquitted after trial

  • R. v. S.S. (2023)

    In a complex case involving multiple allegations of serious sexual assault, the matter was set for a a jury trial in the Supreme Court of British Columbia. Recognizing what was at stake, Mr. Vayeghan took a strategic, results-oriented approach. The Firm engaged in months-long negotiations with the Crown, successfully identifying weaknesses in their case. Ultimately, all sexual assault charges were dropped in favor of a Peace Bond, allowing our client to avoid a criminal record.

    Peace Bond Imposed. No Criminal Record. Sexual Assault Charges Dropped.

  • R. v. S.R. (2023)

    Client was charged with a significant drug trafficking offense in British Columbia, with the potential for a lengthy jail sentence. Our legal team engaged in an extensive Charter challenge, questioning the validity of the police search and arrest procedures. Following comprehensive negotiations with the Crown, a Stay of Proceedings was directed on all charges.

    All charges dropped, Stay of Proceedings issued.

  • X. v. Canada (2023)

    Client fleeing political persecution for leading a mass protest campaign against the governing military dictatorship of her home country. Client sought political asylum in Canada

    Client is successful in her asylum claim. Asylum Granted.

  • R. v. J.L. (2022)

    Client facing a serious allegation of aggravated assault. Client at risk of a long-term jail sentence if convicted. Matter proceeded to trial before a judge and jury at the Supreme Court of British Columbia. During a lengthy trial, the jury heard arguments on self-defence.

    Acquittal: Jury Finds Client Not Guilty of Aggravated Assault. No Criminal Record.

  • B.C. Securities Commission v. J. V. (2021)

    Client accused of participating in a multi-million dollar fraud scheme involving international market manipulation. Through extensive negotiations with the Director of the BC Securities Commission, client walked away with a minimal fine and no criminal law

    No Criminal Record.


  • A huge thank you to Mo Vayeghan who worked as my lawyer on multiple cases. Mo Vayeghan goes above and beyond for his clients, working overtime to provide the best possible outcomes. Mo is incredibly knowledgeable about the legal justice system and provides the upmost professional advice and support, paying close attention to every detail of the case. I would like to personally thank Mo for his hard work and dedication, as he successfully got all of my charges dropped before a trial started. I wish you the best and thank you for your time! I would highly suggest Mo Vayeghan to anybody looking for a great defence lawyer.


  • Yalda Kazemi is one of the best and most reliable in Canada. I am very happy that I can speak my mind here. Mrs. Kazemi is so patient, persistent, compassionate and honest that she was like a support for me and she defended me and gave me a new life. You are unique, Ms. Kazemi, in the true sense of a human being in every sense


  • I wanted to say a few things about MO ???? screaming his name & shouting to all he is hands down the most professional & efficient lawyer. I would without a doubt recommend Mo Vayeghan . I appreciate him and the work he has done not only is he caring he also gets the job done. He took the time to listen He brought hope to our family & I will always be grateful THANKS Melissa & Hasler


  • Unfortunately I was in need of legal assistance in a serious Criminal offence which could put my entire life in jeopardy. I was referred to multiple lawyers till I met Moe, he’s knowledgeable and knows the procedures, patience is key as any sort of legal matter will take time to be taken care of in the most easiest and cleanest way, and Moe is the right man for this job. Thanks Moe I owe you big time!


  • I would like to thank Mrs. Yalda Kazem Shirazi. These words are not enough to describe my happiness and gratitude with Yalda. She is a very smart and calm lawyer, firm, expert, reliable, knowledgeable. One of the best lawyers I have seen. She handled my case with ease and the process went very smoothly. I really appreciate her and am glad to have worked with her on my case. I highly recommend Ms. Yalda Kazem Shirazi as your lawyer.

    N. D.

  • I wanted to thank Mr. Vayeghan, he is one of the best and most professional in their work, I have worked with many lawyers, but I can boldly say that by far they are one of the most responsible lawyers I have ever seen, kind, responsible, with Ethics, accessibility, professionalism, hard work and right workI am very happy with my choice and I offer everyone the experience of working with them. In fact, accompanying them on the way to work is like having an encouraging close family.


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