Simple Possession
Simple possession remains an offence under the Controlled Drugs and Substances Act for most controlled substances. Even with shifting policies and prosecutorial discretion, a conviction for simple possession can mean you end up with a criminal record that affects employment, travel, immigration, and professional licensing.
Michael Bloom regularly resolves simple possession files through Charter challenges, Diversion, Alternative Measures, and Conditional or Absolute Discharges, with no criminal record.
Possession for the Purpose of Trafficking (PPT)
PPT is a considerably more serious charge than simple possession, with consequences that are equally serious. The Crown infers an intent to traffic from the quantity of drugs, the presence of cash, scales, score sheets, packaging materials, multiple cell phones, and other indicators. A conviction often carries a federal jail sentence, particularly for cocaine, fentanyl, methamphetamine, and heroin.
Michael Bloom has resolved PPT files through Conditional Sentence Orders (house arrest with no jail), pleas to simple possession, and Stays of Proceedings following successful Charter applications challenging unlawful searches and arrests.
Drug Trafficking
Drug trafficking includes the actual sale of controlled substances, offering to sell, and dial-a-dope operations involving undercover officers. Sentencing precedent typically calls for jail, sometimes lengthy jail, depending on the substance and the scale of the operation.
Successfully defending trafficking charges in B.C. often hinges on the lawfulness of police conduct: How was the operation authorized? How was surveillance conducted? How was the search executed? Were the accused’s Charter rights respected at every stage? Michael Bloom builds the defence around those issues from the start.
Production, Cultivation, and Importation
Larger drug files often involve production (labs, grow operations) or importing/exporting across the Canadian border. These are federal offences with considerable minimum sentences and aggressive Crown prosecution. Defence requires prudent management of disclosure (which is often voluminous), strategic Charter applications, and detailed knowledge of CDSA case law.
Cannabis Offences
Recreational cannabis is now legal in Canada, and marijuana is a part of Vancouver and British Columbia culture, and its prominence is ever-growing. However, a number of cannabis-related offences are still prosecutable. Examples include distribution outside the legal framework, sales to minors, illicit production, and import/export of cannabis products. Michael Bloom advises clients in both the criminal and regulatory cannabis space and defends those charged with offences under both the Cannabis Act and the Controlled Drugs and Substances Act.
Charter Challenges and Search and Seizure
The single most consequential question in most Vancouver drug cases is: Did the police follow the law?
Warrantless searches, vehicle stops without proper grounds, faulty wiretap authorizations, and improper detention all give rise to Charter applications under sections 8, 9, and 10. Where a Charter breach is established, the evidence can be excluded under section 24(2). Michael Bloom has had British Columbia drug charges stayed and dropped in numerous files following successful Charter challenges.