Posted in Areas of Practice
Chris Archer can guide you through the criminal court system and will exhaust every legal option to defend you against your drug trafficking charges. Trafficking and possession for the purpose of trafficking are serious criminal offences; a good criminal defence lawyer may be able to keep you out of prison.
Trafficking
You commit the offence of trafficking if you sell, give, carry, send or deliver a controlled drug or if you sell an authorization to obtain one of those drugs.
For the complete legal definition, see 2(1) of the Controlled Drugs and Substances Act: http://www.canlii.org/ca/sta/c-38.8/sec2.html.
Possession for the Purpose of Trafficking
You commit the offence of possession for the purpose of trafficking if you possess a controlled drug and intend to traffic in it. Evidence of that intention may include the amount of the drug in your possession, how it is packaged and any equipment you have to weigh it.
For the complete legal definition of possession, see 4(3)(a) and (b) of the Criminal Code: http://www.canlii.org/ca/sta/c-46/sec4.html
Controlled Drugs
Schedules I, II, III and IV list the different controlled drugs covered by the act.
- I (drugs posing the greatest health and social hazards): http://www.canlii.org/ca/sta/c-38.8/part318035.html
- II (various forms of cannabis): http://www.canlii.org/ca/sta/c-38.8/part318036.html
- III (amphetamines and LSD): http://www.canlii.org/ca/sta/c-38.8/part318037.html
- IV (drugs you can possess with a prescription but cannot possess, import, export or traffic in without a prescription): http://www.canlii.org/ca/sta/c-38.8/part318038.html
Related Laws
You can read the entire Controlled Drugs and Substances Act online: .
Section 5(1) deals specifically with trafficking and 5(2) with possession for the purpose of trafficking: http://www.canlii.org/ca/sta/c-38.8/sec5.html.
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