The Difference Between Drug Possession And Drug Trafficking

December 15, 2023


Drug offences are taken very seriously in Edmonton, and being charged with drug possession or drug trafficking can have serious consequences. However, there is a significant difference between these two charges, and it’s important to understand the legal definitions, penalties, and consequences.

In this blog post, we’ll explore the difference between drug possession and drug trafficking in Edmonton and how a top-rated drug offence lawyer in Edmonton can help you navigate the legal system and protect your rights.

What Is Drug Possession?

Drug possession is the act of having one or more controlled substances in your custody or control, without legal authorization. Controlled substances are drugs regulated by the Controlled Drugs and Substances Act (CDSA), which establishes eight schedules of drugs with different levels of restriction and penalty.

Some examples of controlled substances are cocaine, heroin, methamphetamine, cannabis, MDMA, LSD, and psilocybin. To prove drug possession, the Crown must show that you had knowledge and control of the drugs. Knowledge means that you were aware of the nature and presence of the drugs, while control means that you had the power and ability to dispose of them.

You can be charged with drug possession even if you did not own or use the drugs, as long as you had access to them or consented to their presence. The penalty for drug possession depends on the schedule and quantity of the drugs, as well as your criminal record and personal circumstances.

Generally, drug possession is a hybrid offence, meaning it can be prosecuted as a summary or indictable offence.

A summary offence is less serious and carries a maximum penalty of six months in jail and a $5,000 fine. An indictable offence is more serious and carries a maximum penalty of seven years in prison.

What Is Drug Trafficking?

Drug trafficking is the act of selling, giving, transferring, transporting, sending, delivering, administering, or distributing one or more controlled substances to another person or offering to do any of these acts. Drug trafficking also includes possessing a controlled substance for trafficking, meaning you intend to make it available to others.

To prove drug trafficking, the Crown must show that you engaged in or intended to engage in any of the above acts concerning a controlled substance. The Crown does not need to prove that you received any money or benefit from the transaction or that the transaction occurred. The Crown can rely on circumstantial evidence to infer your intention to traffic drugs, such as the quantity, packaging, purity, value, location, and equipment.

The penalty for drug trafficking depends on the schedule and quantity of the drugs, as well as your role and involvement in the transaction. Generally, drug trafficking is an indictable offence, meaning it is always prosecuted as a serious crime. The maximum penalty for drug trafficking ranges from three years to life imprisonment, depending on the type of drug and whether there are any aggravating factors.

Also Read: Understanding The Controlled Drugs And Substances Act In Canada

How A Drug Offences Lawyer In Edmonton Can Help

If you have been charged with drug possession or drug trafficking, it’s important to seek the help of a top-rated Drug Offences Lawyer In Edmonton. A skilled lawyer can help you understand the charges against you, the potential penalties, and the legal options available.

A top-rated drug offence lawyer can help you navigate the legal system and craft a strategic defence against drug offence charges. With the help of a top-rated drug offence lawyer, you may be able to reduce the charges against you, avoid a criminal record, or even have the charges dropped altogether. A criminal defence lawyer can provide invaluable assistance by:

  • Scrutinizing the evidence brought against you, meticulously challenging its admissibility and reliability.
  • Exploring potential defences and arguments to introduce reasonable doubt or to justify your actions.
  • Engage in negotiations with the Crown to reduce or dismiss the charges or secure a beneficial plea agreement.
  • Represent your interests in various legal proceedings, including bail hearings, pre-trial conferences, trials, and appeals.
  • Advocate vigorously on your behalf and endeavour to secure the most lenient possible sentencing outcome.

About Daryl Royer

Daryl Royer is a top-rated criminal defence lawyer in Edmonton who has successfully represented individuals accused of various criminal offences, including drug possession and drug trafficking. With over 20 years of experience, Daryl Royer has the knowledge and expertise to help you navigate the legal system and protect your rights. Contact us today to schedule a free consultation.

Need an experienced drug offences lawyer in Edmonton? Contact Daryl now.

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