Drug Offences

Trafficking, Possession for the Purpose of Trafficking, Importing a Controlled Substance

Possession for the purpose of trafficking is a criminal offence under the Controlled Drugs and Substances Act (CDSA) in Canada. The offence is established when a person is found to have a controlled substance in their possession with the intention of selling or distributing it to others.

Section 5(2) of the CDSA makes it an offence to possess a controlled substance for the purpose of trafficking. This offence carries a higher penalty than simple possession, as it involves an intent to distribute or sell the substance to others.

The prosecution must prove that the person knowingly had possession or control of the substance and intended to traffic it. The must have had knowledge of the nature of the substance and intended to traffic it.

The offence of Trafficking is established when a person is found to be involved in any of the activities related to the sale, distribution, or importation of a controlled substance.

Section 5(1) of the CDSA makes it an offence to traffic a controlled substance. This offence carries a higher penalty than simple possession or possession for the purpose of trafficking, as it involves actively engaging in the sale or distribution of the substance.

The prosecution must prove that the person knowingly participated in one or more of the activities related to trafficking, including manufacturing, selling, administering, giving, transporting, or importing the substance. The person must have had knowledge of the nature of the substance and intended to traffic it.

The offence of importing a controlled substance is established when a person imports or attempts to import a controlled substance into Canada without a valid authorization or license.

Section 6(1) of the CDSA makes it an offence to import a controlled substance. The prosecution must prove that the person knowingly imported or attempted to import a controlled substance, either alone or jointly with others. The person must have had knowledge of the nature of the substance and intended to import it.

The penalties for importing a controlled substance depend on the type and quantity of the substance involved. The CDSA divides controlled substances into different schedules, with Schedule I drugs considered the most dangerous and carrying the most severe penalties.

The severity of the offence and the penalties imposed also depend on the circumstances of the offence. For example, if the person imported a large quantity of the substance, they may face more severe penalties than if they imported a small quantity. Similarly, if the person imported the substance for the purpose of trafficking, they may face more severe penalties than if they imported it for personal use.

If you or someone you care about has been charged with a trafficking offence, you need an experienced lawyer who will explain your options and fight for your legal rights. Contact O’Hara Law today at (519)-679-9250 to discuss your matter with Lucas O’Hara.