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Could traces of a scheduled drug in your body get you accused of drug possession?
I know it's unlikely, but, in theory, is it possible?
"Possession
(3) For the purposes of this Act,
(a) a person has anything in possession when he has it in his personal possession or knowingly
(i) has it in the actual possession or custody of another person, or
(ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and
(b) where one of two or more persons, with the knowledge and consent of the rest, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them."
- Criminal Code, paragraph 4(3)
It's not very clear...
1 réponse
- jenni_doll_1Lv 6il y a 1 décennieRéponse favorite
No, for it to legally fit the definition of drug possession, the drug must be ON your physical person (in your clothing, hand, any bodily rifice, etc) or property (in your car, home, etc,). Having it show up in your system through a drug test does not meet the criteria for possession.