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Trafficking Drugs or Controlled Substances

The Criminal Code defines Trafficking quite broadly. It includes selling, administering, giving, transferring, transporting, sending or delivering illegal drugs or controlled substances, or offering to do any of these things. Trafficking can be anything from selling drugs to simply giving someone a drug. Sharing a hit of an illegal drug with another person is also Trafficking.

Trafficking cases can arise out of circumstances as simple as a brief interaction between two people at a party for a small amount of marijuana or be as complex as an ongoing conspiracy over a long period of time involving multiple organizations for large quantities of “hard drugs”. Evidence in these more complex cases can include complicated issues such as ongoing police visual surveillance, phone call wiretapping and informants.

Under the Controlled Drug and Substances Act, people who aid or abet those who Traffic in drugs are included as parties to the offence.

It is not uncommon in drug trafficking cases for the prosecution to use expert evidence in court. Experts, often experienced police officers, may give their opinion on a variety of matters, such as whether a certain quantity of drugs constitutes evidence to prove Possession for the Purpose of Trafficking or an interpretation of coded language that a suspect may use in a case to assist a judge or jury to interpret what the coded language means in the context of a Trafficking case.

Trafficking charges should be taken very seriously. Depending on the nature of the drug and the amount, Trafficking can result in extremely serious penalties. In addition to possibly lengthy incarceration, a conviction for Trafficking can have a serious and lasting impact on a person’s employment and immigration status.

Consequences of a Drug Trafficking Conviction:


The various possible penalties for a Trafficking conviction depend on the type of drug, the quantity of the substance as well as whether it is a first time offence. Under the Controlled Drug and Substances Act, a conviction for Trafficking can carry a maximum possible penalty of up to life imprisonment (for certain “hard drugs”) and, in certain cases, a minimum sentence of up to 3 years imprisonment.

Even a conviction for Trafficking in a small amount of marijuana can carry a maximum possible penalty of up to 5 years imprisonment.


Possible Minimum Sentence

Possible Maximum Sentence

3 Years

LIFE

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