Trafficking of drugs Charge
It might be stating the obvious but “Trafficking of drugs” is a serious offence, although the type and quantity of drug does impact on the ultimate sentence if convicted. Obviously, with the looming changes to the marijuana laws in Canada, the Prosecutors and the Courts treat involvement with marijuana differently. However, trafficking cocaine, heroine, crystal meth, and in particular fentanyl will result in serious jail time upon conviction.
These cases require a careful analysis of all the facts; the conduct of the police must carefully scrutinized. At Zamani Law our team of criminal lawyers have extensive experience defending clients charged with trafficking drugs. We ;leave no stone unturned and will look for every possible defence in your case.
TRAFFICKING IN SUBSTANCE/ Possession for purpose of trafficking/ Punishment/ Punishment in respect of specified substance/ Interpretation/ Idem.
5. (1) No person shall traffic in a substance included in Schedule I, II, III, or IV or in any substance represented or held out by that person to be such a substance.
(2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III, or IV.
(3) Every person who contravenes subsection (1) or (2)
(a) subject to paragraph (a.1), if the subject mattter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life, and
(i) to a minimum punishment of imprisonment for a term of one year if the
(A) the person committed the offence for the benefit of, at the direction of or in association with a criminal organization, as defined in subsection 467.1(1) of the CRIMINAL CODE.
(B) the person used or threatened to use violence in committing the offence,
(C) the person carried, or used or threatened to use a weapon in committing the offence, or
(D) The person was convicted f a designated substance offence, or had served a term of imprisonment for a designated substance offence, within the previous 10 years, or
(ii) to a minimum punishment of imprisonment for a term of two years if
(A) the person committed the offence in or near a school, on a or near school grounds or in or near any other public place usually frequented by persons under the age of 18 years,
(B) the person committed the offence in a prison, as defined in section 2 of the CRIMINAL CODE, or on its grounds, or
(C) the person used the services of a person under the age of 18 years, or involved such a person, in committing the offence;
(a.1) if the subject matter of the offence is a substance included in SCHEDULE II in an amount that is not more then the amount set out for that substance in Schedule VII, is guilty of an indictable offence and liable to imprisonment for a term of no more than five years less a day;
(b) where the subject-matter of the offence is a substance included in Schedule III,
(i) is guilty of an indictable offence and laible to imprisonment for a term not exceeding tern years, or
(ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months; and
(c) where the subject-matter of the offence is a substance included in Schedule IV,
(i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years, or
(ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.
(4) [Repealed. 2012, c. 1, s. 39(2).]
(5) for the purposes of applying subsection (3) in respect of an offence under subsection (1), a reference to a substance included in Schedule I, II, III, or IV includes a reference to any substance represented or held out to be a substance included in that Schedule.
(6) For the purposes of paragraph (3)(a.1) and Schedule VII, the amount of the substance means the entire amount of any mixture or substance, or the whole of any plant, that contains a detectable amount of the substance.
- There was no exchange of money, am I still liable?
Whether or not the person received a profit is not an important element. Distributing without consideration is considered selling.
- I was giving my friend the drugs to hold for me for safe keeping, am I still liable?
- What is the general meaning of “drug trafficking?”
The definition of trafficking is found in the Controlled Drugs and Substances Act section 2. It includes
selling, administering, giving, transferring, transporting, sending or delivering.
This means if you happen to have a joint in the center console of your car and you are pulled over for speeding, you are technically guilty of trafficking because you are “transporting” a drug. Obviously you are not likely to be charged with anything more than simple possession in those circumstances, but the simple transportation of drugs, whether for sale or delivery or otherwise falls within the definition of trafficking.
- What if I was just bringing the drugs to the party for everyone to share – I was picking it up on their behalf
Sharing drugs with others is trafficking – passing a joint is technically trafficking – In addition if you were picking up the drugs for everyone else, you could be charged with possession for the purpose of trafficking.
1. withdrawal of the charge due to problems with the Crown’s case
2. withdrawal of charge in exchange for formal or informal diversion
3. negotiated plea bargains
4. trial where the Crown must establish each and every element of the offence beyond reasonable doubt
(c) type of the drug
(d) legality of the search
A successful defence to this charge involves a careful analysis of the facts. At Zamani Law we will work together with you to determine your best criminal defence.
What do I do if I am charged with drug trafficking
Give us a call. We are there to provide you with the information and guidance you need. Our team of experienced Criminal lawyers can help you and the initial consultation is free.. We have locations 12 locations throughout Ontario. We strongly believe in the protection of individual civil liberties. We will ensure that your rights are protected and upheld.
We are experienced in defending drug charges
There are various ways of handling drug charges. Each case will depend upon its own particular facts. Your case will have to be individually analyzed to determine the issues and the plan of defence. Every possible technical and substantive defence will be reviewed. We will work together with you to determine your best possible criminal defence to this charge.
Our goal is to help you
Give us a call and see if we are the right fit for you. It is our mission to provide you with the best advice, recommendations and guidance regarding your case and of course, the best result.