Possession of Drugs for the Purpose of Trafficking
A person in possession of a large quantity of drugs for personal use may be charged with possession for the purpose of trafficking when no trafficking activity ever took place. Circumstances that can lead to these charges may include how the drugs are packaged and possession of items or paraphernalia common to drug trafficking, such as multiple cell phones, scales, weapons and debt lists.
If you are facing charges of possession of drugs or controlled substances for the purpose of trafficking, criminal defence lawyer Mississauga will do everything legally possible to mount a strong defence. We will uncover the details behind any drug arrest, including investigating the evidence against you, to interviewing witnesses and developing effective constitutional challenges to your arrest and search.
If the Crown has a compelling and overwhelming case against you, I will work to minimize the impact on your freedom and your future.
What is the sentence for drug trafficking?
Section 7.1 of the Controlled Drugs and Substances Act provides as follows:
7.1 (1) No person shall possess, produce, sell, import or transport anything intending that it will be used
(a) to produce a controlled substance, unless the production of the controlled substance is lawfully authorized; or
(b) to traffic in a controlled substance.
(2) Every person who contravenes subsection (1)
(a) if the subject matter of the offence is a substance included in Schedule I, II, III or V,
(i) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years, or
(ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term of not more than 18 months; and
(b) if 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 of not more than three years, or
(ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term of not more than one year.
DNA and Other Forensic Evidence
Forensic evidence, such as DNA evidence, is just one type of evidence that the Crown can try to introduce against a person accused of a crime. The defence can challenge the admissibility of forensic evidence on the basis of relevance, prejudice or that there is a lack of a sufficient scientific foundation to make the evidence reliable and worthy of being admitted, in other words, the forensic evidence is inadmissible because it is based on “junk science”.