Possession for the purpose of trafficking is a more severe offence than simple possession, involving controlled substances intended for distribution.
Possession for the Purpose of Trafficking: Criminal Code Definition
Possession for the purpose of trafficking is outlined in Section 5 of the Controlled Drugs and Substances Act.
5 (2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III, IV or V.
Elements of Possession for the Purpose of Trafficking
To prove possession for the purpose of trafficking, the Crown must establish:
- The identity of the accused.
- The date and location of the incident.
- That the accused had control over the substance.
- That the substance is a controlled drug under the Act.
- That the accused intended to traffic the substance.
Potential Penalties for Possession for the Purpose of Trafficking
Penalties can be severe and vary depending on the substance and circumstances:
- Summary Conviction: Up to 18 months in jail and/or a fine.
- Indictable Offence: Up to life imprisonment.
Defences Available for Possession for the Purpose of Trafficking
Possible defences against possession for the purpose of trafficking charges include:
- Lack of Knowledge: Arguing that you were unaware of the presence or nature of the substance.
- Mistaken Identity: Proving that you were not the person involved in trafficking.
- Entrapment: Showing that you were coerced or induced by law enforcement to commit the offence.
- Charter Violations: Demonstrating that your rights were violated during the investigation or arrest.
Speak to a Criminal Lawyer Today
Facing possession for the purpose of trafficking charges requires expert guidance to navigate the complexities of the legal system. A skilled criminal lawyer can help gather evidence, challenge the prosecution’s case, and represent you in court. For a comprehensive approach and the best possible outcome, consult with a professional. Call (855) 585-1777 to receive a free consultation with a criminal lawyer today.
