Drug trafficking is defined by federal law. The Controlled Drugs and Substances Act, SC 1996, c 19, says the following:
“traffic” means, in respect of a substance included in any of Schedules I to IV,
(a) to sell, administer, give, transfer, transport, send or deliver the substance,
(b) to sell an authorization to obtain the substance, or
(c) to offer to do anything mentioned in paragraph (a) or (b), otherwise than under the authority of the regulations.
What this means in lay language is that if you appear to be in the process of or about to spread your drugs around to others, then you are in trouble. Having a small amount of drugs for your own potential use is one thing. Having any kind of drugs for the purposes of selling them or transporting them or delivering them to others makes your crime significantly worse.
Intent is what is important in a trafficking charge. For example, if you are found not only with a large amount of drugs but scales for measuring weight and papers or plastic for wrapping up individual portions, then that would appear to anyone that you intend to sell or distribute the drugs, no matter what you say about it.
Also, different types drugs are classified differently, and charges and penalties vary with the type of drug. For example, having a large amount of cocaine is worse—from the criminal law perspective—than having a large amount of marijuana, all things being equal.
If you have been arrested for drug trafficking or think you may be shortly, and you need an experienced criminal defence lawyer in Vancouver, call Michael Bloom at (604) 603-5513.
Sources;
https://www.canlii.org/en/ca/laws/stat/sc-1996-c-19/latest/sc-1996-c-19.html#sec2
Michael Bloom is a very experienced criminal defence lawyer, who started his career as a Crown Prosecutor.
If you have any questions about this article or would like to schedule a free consultation with Mr. Bloom, please call his office at (604) 603-5513 or Toll-Free at (877) 603-5513.
