Drug Possession for the Purpose of Trafficking

What is Drug Possession for the Purpose of Trafficking

Definition: The Controlled Drugs and Substances Act (CDSA) is the main Canadian legislation dealing with illegal drugs. Section 5(2) prohibits the possession of a controlled substance for the purpose of trafficking.

Important Points:

“Trafficking” includes selling, giving, transporting, sending, or even offering to do any of those things with a controlled substance.
“Possession” can be actual physical possession, or control over a drug that isn’t physically with you (stored somewhere, etc.)
The crown must prove that you intended to traffic the drugs, not just that you possessed them.
- The type of drug and quantity are both significant in determining the severity of the charges.

Common Evidence:

Direct witness observations of you engaging in trafficking activity (e.g., an undercover drug buy).
The drugs themselves, with analysis to identify the substance.
Drug paraphernalia (scales, baggies, large quantities of cash).
Text messages, phone records, or other communications that suggest trafficking activity.

Penalties for Drug Possession for the Purpose of Trafficking

Penalties for drug trafficking are significantly harsher than those for simple possession. Here’s a general overview, but penalties are highly dependent on the drug and circumstances.

Indictment: Trafficking charges are always indictable offences with the potential for serious jail time.

Maximum Penalty: Up to life imprisonment.
Mandatory Minimum Sentences: Certain offences involving specific drugs carry mandatory minimum sentences of 1 or 2 years in prison.

How We Can Help

Securing Your Release: An arrest for trafficking nearly always means a bail hearing. It can be very difficult to get bail, but we’ll fight for your release on strict conditions until trial.

Fighting the Charges: Every trafficking case depends on the specific details. We’ll look closely to build a strong defence:

You didn’t have possession of the drugs (they were found in your home but were someone else’s, etc.)
Lack of sufficient evidence to prove you intended to traffic the drugs.
There is insufficient evidence regarding the quantity of the drugs.
The police violated your rights during their investigations, and the evidence should be excluded.

Frequently Asked Questions

Can I be charged with trafficking for a small quantity of drugs?

Yes. Intent is key, and the Crown prosecutor will look for other evidence suggesting you meant to sell, even with a smaller quantity.

What's the difference between simple possession and trafficking?

Trafficking involves an intention to sell or distribute, not just having the drug.

Does it matter if I never actually sold anything?

No. Offering to sell is enough, the Crown doesn’t need to prove you completed a transaction.

Let's Talk About Your Case

Drug possession for the purpose of trafficking charges are incredibly serious and can potentially result in lengthy jail sentences. Don’t leave your future to chance. Contact us as soon as possible for a free case review to discuss your situation and potential defences.

Free Confidential & Detailed Case Review

Other Drug Offences

Successful Cases

View Our

Successful Cases

We have helped hundreds of people get their charges dropped or reduced. We know the system, fight hard for your rights, and get the best outcome for your future.

Client Reviews

Ishan Sharma is extremely professional and was very helpful on this personally difficult journey. I highly recommend LawStop l Lawyers & Notaries for their outstanding services. Their team is exceptionally knowledgeable, responsive, and professional. Ishan guided me through every step, ensuring a smooth process and achieving a positive outcome for my case. I'm grateful for his expertise and commitment to excellence

Thanku so much Ishan for helping me out. The process was extremely smooth and efficient. He is not at all greedy or try to threaten you like other adv do, instead he guides the right and easiest way to solve the case. The only issue was late replies but that’s okay things take time. All in all, really trustworthy and helpful. Thanks

The process was exceptionally smooth, efficient and upmost proffesional. Legal advise was direct and precise, intelligents, intelligensts again, I would advice Ishan to anyone for legal matters. Ishan is exceptionaly detailed. Truly outstanding work, I would recommend Ishan Sharma to anyone that is in search of legal advice.

I learned about lawstop from my online search.I dealt with Ishan Sharma for my charges. He helped me with getting my charges dropping. He was very helpful and friendly throughout the process. His Fees was also very competitive. Highly recommended 10/10. Thankyou Ishan I really appreciate it 🙏🏻.

Hiring Ishan to represent me was the best decision ever. Being a thorough professional, he guided me through the most challenging times of my life. Seeing how anxious I was, he guided me with great patience and was above all, very considerate. I would highly, without a doubt, recommend him & his team to anyone that’s looking for honest, reliable yet diligent professionals.

Ishan listens to you patiently, engages himself in your situation and gives a professional advice. He is very much calm, responsive and great to work with.

I strongly recommend LAW STOP for all legal matters. Specially ISHAN SHARMA, who is very knowledgeable and dedicated to his profession. He handled my legal matter in a very professional manner and advised me very well. He is very humble and kind person who took extra care and make me feel very comfortable. His patience and hard work is really admirable. Special thanks to Ishan for his timely answer to my phone calls and messages. Great recommendations for LAW STOP and the lawyer - ISHAN SHARMA

Ishan is great. He helped me in the case which seemed impossible to me to be resolved but he did it.Most importantly the fees he charged was also affordable. Thanks for being so trustworthy and giving your best.

Mr. Ishan is an exceptional lawyer and very knowledgeable. Always responds in a timely manner. I had 2 very bad lawyers that only dragged my case. Mr. Ishan was able to stand for me and help reslove the matter strategically. I would recommend him every single time. Dal

Ishan sharma treated me very well. His way of handling clients is outstanding. thanku

Hello i have great experience with ishan sir. I needed some assistance to clear my charges he done it very well in just week

The process was very easy. From scheduling our first appointment and meeting our legal representative (Ishan) to the end. He was confident and knowledgeable on what maybe needed and gave a realistic view of possible outcomes. It was so smooth at first I thought he wasn't appearing in court. :-)....for the record he did and kept us informed along the way. I would recommend his services 100%.

Ishan Sharma lawyer did an excellent job defending me in the court. I am so grateful for his helpHaving a Punjabi criminal lawyer was very important for me because of the nature of my case. Ishan could understand and speak Punjabi fluently it made everything so much easier.

My first time experience with LawStop | Lawyers & Notaries is very good . They provide very fast and calm service . They treated very well and also help me in every step I’m very satisfied from their service I recommend to all of you to please visit there .

I went to Ishan at law stop with a mind full of worries and concerns, after Ishan advised me with my options and possible strategies I was more at peace and understood clearly what was ahead of me, after our consultation I felt a load off my shoulders.

Ishan Sharma took up my issue and delivered amazing results. With his experience and dedication to his field of work Ishan got me exactly what I was looking for and took on the entire court process for me. Law Stop displayed great professionalism and had an answer to any of my questions and concerns. Highly recommend their services. Thank you Ishan!

Mr. Ishan is a very honest and knowledgeable lawyer. very prompt and reasonable service. he was always there for me. On very short notice he was ready to help me. He helped me a lot and I am very thankful to Ishan. I highly recommend Ishan Sharma's services.

I had I very good experience with lawstop lawyers & Notaries Ishan Sharma is one of the best lawyers you could have on your team. He’s is very personal also fair with he’s clients and understand. I recommend any one with legal problems to give lawstops a call!!!

The best criminal lawyer around .My friend had hired Ishan for her court case. He worked hard and always replied on time. Best of all , he made the problem go away. Thanks to ISHAN . Bless him.