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Simple Possession
Trafficking Cocaine, Marijuana, or Other Drugs
It is a criminal offense in Canada to engage in drug trafficking, involving substances prohibited by the Controlled Drugs and Substances Act (CDSA). The CDSA lists various illegal drugs, including but not limited to cocaine, marijuana, ecstasy, heroin, ketamine, oxycodone, GHB, and numerous other narcotics.
If you or someone you know is facing an allegation of drug trafficking, seeking immediate legal counsel is crucial to explore potential defenses against the charge. For further information on drug trafficking, contact Daniel Brown at (416) 297-7200. Alternatively, you can peruse the frequently asked questions below regarding drug trafficking charges in Canada. To learn about other drug offenses, refer to articles on drug possession charges, drug importing, or marijuana grow-operations.
What does “trafficking” mean?
The term “trafficking” encompasses selling, administering, giving, transferring, transporting, sending, or delivering a substance to another individual. Even seemingly minor actions, such as passing a marijuana joint to someone or buying drugs for a friend and delivering them, can be considered trafficking under Canadian law.
Can a person be convicted of trafficking drugs if all they do is offer to traffic drugs without actually completing the transaction?
Offering to traffic drugs is treated similarly to actually completing the transaction. Even if the individual making the offer had no realistic chance of obtaining the drugs, they could still be found guilty of drug trafficking. For instance, a charge of trafficking may apply if the accused offers to sell drugs to an undercover officer with the intention of deceiving the buyer without intending to sell or deliver drugs.
Can someone be found guilty of trafficking if they sell an item disguised to look like drugs but isn’t actually illegal?
Selling a substance like baby powder but labeling it as cocaine can meet the definition of trafficking by making an offer to traffic. The prosecutor doesn’t need to prove that the substance was, in fact, a drug or a narcotic; it is sufficient to demonstrate that the accused presented the substance as such.
How does being charged with drug trafficking affect a person’s chances at obtaining bail?
Unlike many criminal offenses, serious drug offenses, such as trafficking, shift the burden onto the accused to prove why they should be released on bail. This “reverse onus” at a bail hearing makes it more challenging for individuals facing serious drug charges to obtain bail.
For more information on the bail process, read articles on “obtaining bail” or “changing my bail conditions.”
What types of penalties can someone face for trafficking drugs?
The penalties for drug trafficking can be severe, including a maximum penalty of life in prison. Factors considered in determining the sentence include the frequency of drug trafficking, the type and quantity of drugs sold, and the individual’s prior history with law enforcement.
Are there mandatory minimum sentences for trafficking a narcotic?
Certain drug trafficking scenarios now have mandatory minimum sentences. Trafficking drugs with specific aggravating features carries a minimum one-year jail sentence, while other factors may result in a minimum two-year jail sentence.
For a more detailed review of the mandatory minimum sentencing regime for drug offenses, follow this link.
In addition to criminal convictions and jail sanctions, a conviction for trafficking narcotics may lead to other consequences, such as a criminal record that can impact employment opportunities and professional licenses. Travel restrictions and immigration consequences, including the possibility of deportation for non-residents, may also apply.
Every drug trafficking case is unique, and it is crucial to consult with an experienced drug lawyer as soon as possible.
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