Drug Trafficking
Drug trafficking is a very serious offence and depending on the nature of the drug, a conviction can result in life imprisonment. Retaining a lawyer to work on your case is absolutely vital.
What is drug trafficking?
Under Section 5 of the Controlled Drugs and Substances Act (CDSA), you can be charged with either trafficking drugs or possessing drugs for the purpose of trafficking. Regardless of the specific charge, the incarceration periods will be the same. It is illegal to traffic or possess for the purpose of trafficking drugs or substances found in the appropriate schedules.
What is trafficking?
Trafficking is defined under Section 2 of the CDSA as:
- The selling, administering, giving, transferring, transporting, sending or delivering of a substance;
- Selling an authorization to obtain the substance; or
- Offering to do anything mentioned above otherwise than under the authority of the regulations.
What is the difference between trafficking and possession for the purpose of trafficking?
Both trafficking and possession for the purpose of trafficking are criminal offences under section 5 of the CDSA.
In the case of trafficking, the accused must either sell or offer to sell the drugs or substances. Importantly, it does not matter whether the drugs or substances you are selling are real or not. Attempting to sell fake drugs is enough. Additionally, it is not required that you have actually sold the drugs for a trafficking charge to be met, even just offering to sell the drugs through a verbal promise is enough. As such, actual exchange or money or benefits for the drugs is not required.
In the case of possession for the purpose of trafficking, a charge can be made out if the accused has possession of the substance or drug, and depending on the amount found, there may be a presumption that the possession was for trafficking purposes. Unlike for a trafficking offence, a possession for the purpose of trafficking charge requires that the substance or drug be legitimate.
Some factors the court considers when assessing whether possession of drugs or substances was for the purpose of trafficking:
- Quantity of drugs;
- Drug paraphernalia (such as scales);
- Value of the drugs and money involved; and
- Association with known drug traffickers.
You can be charged for trafficking or possession for purpose of trafficking:
- Schedule I drugs, such as heroin and cocaine;
- Schedule II drugs, such as cannabis derivatives (note that possession of marijuana is no longer a crime under a certain amount);
- Schedule III drugs, such as LSD and mescaline;
- Schedule IV drugs, such as barbiturates and steroids and
Consequences if found guilty:
Due to the dangerous nature of drugs, drug trafficking sentences can be very serious and lengthy depending on the substance and the quantity of the drug. Under the CDSA, the sentences for drug trafficking and possession for the purpose of trafficking are the same.
If you are charged with trafficking or possession for the purpose of trafficking a Schedule I or II drug, you could face the harshest sentence there is: life in prison. There is also a mandatory minimum of one year if, for example, committed the offence for the benefit of a criminal organization or used (or threatened to use violence). There is a mandatory minimum of two years if, for example, you committed the offence near a school or in a prison.
For Schedule III drugs, you could face a sentence of up to 18 months if the Crown proceeds summarily or up to 10 years if by indictment.
For Schedule IV drugs, there is a potential sentence of one year in prison if the Crown proceeds summarily or a maximum sentence of three years if by indictment.
A lawyer can help you better understand the available sentences for your charge, and they can work tirelessly to obtain the best possible outcome in the circumstances.
It’s vital to hire a drug trafficking defence lawyer
Being charged with a criminal offence, especially drug trafficking, is a stressful and life-altering experience. It is important to seek professional advice from a drug lawyer about your rights from the beginning.
A lawyer can also do much more. They can:
- Work to secure your release with the most favourable conditions;
- Help you navigate the criminal justice system;
- Ensure that the Crown meets its disclosure obligations;
- Identify systematic or administrative errors in the criminal process, including Charter rights violations;
- Speak to the Crown on your behalf, negotiate, and advise you of your options;
- Assess all the evidence against you and build a strong defence, so the charges are withdrawn or you are acquitted;
- Gather further evidence to support your version of the events;
- Obtain a more lenient sentence in the event a guilty plea or conviction is entered.
All criminal cases are complex and fact specific. We have provided general information about how drug trafficking cases are handled. Hiring a lawyer provides your best chance at mounting a successful defence. Retaining one holds particular importance in drug cases, as they involve search and seizures that could infringe on your rights. For more information about how we can help, please contact our team.