If you are facing drug possession for the purpose of trafficking charges, you need a criminal defence lawyer in Toronto to look at your case as soon as possible.
Drug possession for the purpose of trafficking is possessing illicit drugs or other controlled substances with the intention of eventually trafficking them. This offence is similar to that of drug possession, but with the additional element that the person charged was intending to sell or transport the substance.
Drug offences are listed under federal legislation called the Controlled Drugs and Substances Act (“CDSA”), not under the Canadian Criminal Code. This means that if charged, you will be dealing with Federal Crown Prosecutors, instead of Provincial Crown Prosecutors.
Strategic Criminal Defence is a top Google-rated criminal defence firm in Toronto, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we craft defence strategies to help those accused of drug possession for the purpose of trafficking beat the charge. Learn more about why clients hire us.
The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future in the face of these charges. Contact a Toronto Drug lawyer today by calling (647) 986-8077 or request a free consultation online.
Key Takeaways
- Drug possession for the purpose of trafficking (PPT) is possessing controlled substances with intent to eventually traffic them
- Charges fall under federal Controlled Drugs and Substances Act
- Penalties can include life imprisonment for serious drugs (cocaine, heroin, morphine, oxycodone) and up to 10 years for others like LSD and psilocybin (see our guide to criminal sentencing in Toronto)
- Mandatory minimum sentences of 1-2 years apply for aggravating factors like organized crime, violence, weapons, prior convictions, or offences near schools
- The Crown must prove three elements: knowledge of the substance, control over it, and intent to traffic it
- Common defences include factual innocence, insufficient possession (no knowledge/control), insufficient trafficking intent, entrapment, and Charter violations
- Bail conditions typically include no drug use/possession, regular reporting, potential treatment programs, area restrictions, and curfews
- A conviction creates serious long-term consequences for employment (especially jobs involving driving, vulnerable populations, or government work), travel, and immigration
How can a drug possession for the purpose of trafficking lawyer in Toronto help?
We can help you decide if you should talk to the police before charges are filed. This will help you understand that explanations that seem harmless could actually make the case against you stronger. Our lawyers can stop you from saying things that could hurt your case unnecessarily. We can help you talk to the police about anything, but we are especially helpful with drug cases that involve search and seizure issues.
Our lawyers can also find weaknesses or “holes” in the Crown’s case that may make it difficult or impossible for them to establish the elements of the offence. For this, it is very important to get evidence. Our lawyers will read over police reports, search warrant paperwork, and lab tests of the drugs in question. They might be unsure if the substance was actually against the law or if the amount was measured correctly.
Drug Possession for the Purpose of Trafficking Charges in the Controlled Drugs and Substances Act
According to section 5 of the Controlled Drugs and Substances Act:
Section 5(2) states:
Possession for purpose of trafficking
(2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III, IV or V.
Examples of Drug Possession for the Purpose of Trafficking
You can be arrested for drug for the purpose of trafficking in Toronto in these types of situations:
- A student is arrested and police find a scale with small baggies full of cocaine in their backpack.
- A woman is observed by police making many hand to hand sales of small baggies in a local park and upon arrest, more drugs are found on her person.
- During a traffic stop, the police saw a baggie of MDMA (ecstasy) pills and upon searching the vehicle, find a pill press and many cell phones which are evidence of drug dealing.
Consequences of a Drug Possession for the Purpose of Trafficking Charge
The penalty for PPT can be hefty, including a significant jail sentence depending on the nature and quantity of drugs involved.
Punishments depend on the type of drug, for example:
- Cocaine, heroin, morphine, oxycodone, codeine, GHB, and opium carry possible sentences of life imprisonment;
- LSD and psilocybin (“magic mushrooms”) carry a maximum sentence of 10 years imprisonment if prosecuted by way of indictment, and 18 months if summary.
You may also face a mandatory minimum sentence of 1 – 2 years if certain factors are present, including:
- You committed the offence for the benefit or at the direction of a criminal organization;
- Threats and violence were used in committing the offence;
- A weapon was used in committing the offence;
- You have a prior conviction for a designated substance offence within the last 10 years;
- You committed the offence near a school, or another public area frequented by underaged persons;
- You committed the offence in a prison; or
- You used the services of a minor in committing the offence.
Other factors that can impact the sentence range include your personal circumstances, criminal history, and the circumstances of the offence.
In addition to the penalties above, a conviction for PPT can have wide-ranging negative consequences on your future:
- Potential employers may refuse or terminate your employment if their business involves handling money or the use of valuable property;
- You may have civil, immigration, or child custody consequences; and/or
- You may have difficulties travelling abroad, including to the United States.
Drug Possession for the Purpose of Trafficking Charge Defences
The offence of possession for the purpose of trafficking is made out if you had knowledge of, control over, and an intention to traffic a controlled substance. This means that the Crown Prosecutor has the burden of proving that you were aware of the illegality of the substance, you had a degree of authority over it, and you possessed it “with the intention” of selling or transporting it.
Some of the most common defences for drug charges include:
- Factual Innocence: This is usually the strongest defence because the facts and evidence do not support you being there, interacting with the illicit drug, or other basic elements of the offence. This could include:
- Identity: In some circumstances where the offence was not recorded by surveillance footage, or the footage is poor quality, you may be able to raise an identity defence. For example, authorities could have made a mistake in identifying you as the perpetrator based on the poor quality of the footage. In order to effectively raise this defence, you may need corroborative evidence, such as an alibi to where you were at the time of the offence.
- Not an illicit drug: If a substance is not scientifically proven to be an illicit drug under one of the CDSA Schedules, it is not illegal to interact with it. Typically, the substance will be sent to a laboratory to undergo multiple sample tests in order to prove it is a controlled drug or substance.
- Insufficient Possession: There are several defences that can be raised to challenge the elements of the offence of drug possession. This means challenging that you did not have knowledge of the illicit drug and/or did not have control over it. These defences include:
- No mental intent: A common defence available for drug charges is that you did not intend to interact with the illicit drugs. For example, if you were holding a backpack filled with an illicit drug for a friend or family member with no reason to suspect it contained the drugs.
- Innocent possession: Where the sole intent of possession is to turn the drug over to authorities or destroy it, the element of control is not fulfilled. For example, intending to dispose of an illicit drug that you found on your property.
- Insufficient Trafficking: Once the Crown proves that you possessed the drug, they bear the burden of proving that you intended to traffic the substance that you possessed. A defence that challenges this intent can help defend you against a PPT charge. This type of defence could include:
- No intent to traffic: Because PPT adds the element of ‘for the purpose of trafficking’ to possession, the Crown is required to prove that you held the drug for the eventual goal of selling or transporting it. A charge for PPT often rests on circumstantial evidence such as large quantities of the drug or the presence of drug paraphernalia.
- Agent for the purchaser: If you acted as an agent for someone else to purchase an illegal drug, you have a defence. For example, if you introduce someone to a drug dealer and they purchase a controlled substance.
- Entrapment: Where law enforcement acts undercover to provide opportunities for the commission of an offence, without reasonable suspicion that you are already involved in criminal conduct.
- Violation of Constitutional Rights: The Canadian Charter of Rights and Freedoms sets out your rights before and after your arrest. If the police fail to abide by these rights, it could aid in your defence. With PPT, this typically arises as an unlawful search and seizure of the substance, or an unlawful detention and/or arrest.
Drug Possession for the Purpose of Trafficking Charge Investigation
Police may initiate a PPT investigation for a number of reasons. Often the police conduct surveillance of a suspected drug trafficker based on a tip from an informant or an anonymous source through Crime Stoppers. In those circumstances, the police may seek a warrant to search a home or vehicle for drugs, cutting agents, packaging materials, cash, or weapons.
During a traffic stop, if the police observe or smell a drug or related paraphernalia in your vehicle, they may have grounds to arrest you and/or your passengers for simple drug possession. They will then conduct a more thorough search of your vehicle for indicators of PPT. Similarly, if you have been placed under arrest for another offence, the police can search your person for indicators of PPT.
After the police have gathered their evidence, they will arrest you if they believe you are the perpetrator. If you are not present at the scene, police will track you down or issue a warrant for your arrest.
After you have been charged, police will provide a package with all the evidence they collected, known as the “disclosure package,” to the Crown Prosecutor. You will have the right to access this disclosure package to see the evidence against you. Once you retain one of our lawyers, we will assist you in obtaining the disclosure package, and we will review it with you to assess the strengths and weaknesses of the Crown’s case, as well as any legal defences that may be available to you.
Bail Conditions for Drug Possession for the Purpose of Trafficking Charges
If you get arrested for possessing drugs for the purpose of trafficking, you might be able to go home on bail until your court date. But, this release comes with some conditions you must follow.
- The most common condition for bail is that they don’t use or sell drugs. You can’t use or have any drugs without a prescription.
- You will have to go to a police station or bail supervisor regularly.
- If you are addicted to drugs, the court may send you to counselling or treatment programs. Your bail supervisor might need you to show proof that you went to those appointments.
- There are also area restrictions. They keep you from going to places where drugs are sold or commonly used.
- You have to be home by a certain time at night if the court gives you a curfew.
