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What is Drug Trafficking Under Canadian Law?

While everyone knows that it is a crime to possess, produce or traffic illegal drugs in Canada, a lot of people are unaware of the penalties involved. So what is drug trafficking under Canadian law? Under the Controlled Drugs and Substances Act, drug trafficking is an indictable offense punishable by a fine or imprisonment or both.

But first you need to know that drugs are illegal in Canada and why. The drugs that are illegal include marijuana, hashish, hash oil, cocaine, crack, heroin, amphetamines, LSD, mescaline, psilocybin, barbiturates and anabolic steroids. Amphetamines are a group of drugs that include crystal meth, ecstasy, speed and ice. While these illegal drugs may have medicinal properties if taken in small doses, they can be highly damaging if used regularly and lethal if taken in large doses. 

The penalties for drug trafficking under the Controlled Drugs and Substance Act are:

  • Marijuana and Hashish: Trafficking in or possession for the purpose of trafficking marijuana or hashish is an indictable offense with a maximum penalty of 5 years imprisonment for a small amount of cannabis. There may also be a minimum punishment of imprisonment for one to two years if certain aggravating factors apply.
  • Cocaine, Crack and Heroin: Trafficking in or possessing for the purpose of trafficking any amount of cocaine or heroin is an indictable offence with a mandatory minimum penalty of a 2 year jail sentence, which can be increased to 3 years if certain health and safety factors apply. There is a maximum penalty of life imprisonment.
  • Amphetamines, LSD, Mescaline and Psilocybin: Trafficking in or possessing for the purpose trafficking any amount of amphetamines, LSD, mescaline and psilocybin is a maximum penalty of 18 months imprisonment for summary offence and 10 years imprisonment for indictment.
  • Barbiturates and Anabolic Steroids: Trafficking in or possessing for the purpose of trafficking any amount of barbiturates or anabolic steroids is an offence with a maximum penalty of 1 year’s imprisonment for summary offence and 3 years’ imprisonment for indictment.
  • Importing or Exporting Heroin, Cocaine, Marijuana and Hashish: Importing or exporting these drugs from or to other countries is an indictable offence with a maximum penalty of life imprisonment and a minimum penalty of one year if the offence is committed for the purpose of trafficking.
  • Importing or Exporting Amphetamines, LSD, Mescaline and Psilocybin: Importing or exporting these drugs from or to other countries is an offense with a maximum penalty of 18 months imprisonment for summary and 10 years imprisonment for indictment.

 

If you are arrested for drug trafficking, you should hire an experienced criminal defense lawyer as soon as you are charged. Illegal drugs-related lawsuits can be extremely complicated and proper legal representation for success. If you still want to ask a lawyer “What is drug trafficking under Canadian law?”, then call Donna V. Pledge. She is a highly regarded Toronto criminal defense lawyer with over two decades of experience in successfully defending clients charged with drug trafficking.

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Donna V. Pledge B.A. LL.B.
Barrister & Solicitor
1013 Wilson Ave. Suite 203
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