Possession of Narcotics for the Purpose of Trafficking
Possession of Narcotics for the Purpose of Trafficking
Section 5(2) of the CDSA
Possession of Narcotics for the Purpose of Trafficking
Section 5(2) of the CDSA
Possession of Narcotics for the Purpose of Trafficking
Overview
The offense of possession of narcotics for the purpose of trafficking requires additional proof compared to simple possession. In addition to proving that the accused possessed narcotics, the prosecution must demonstrate that they intended to traffic them, without needing to prove that the trafficking actually occurred. Various elements can support this intent, and while the quantity of narcotics is not decisive, it can be a significant indicator of the accused’s intention to engage in trafficking activities.
Legal Consequences
The offense of possession of narcotics for the purpose of trafficking, particularly for substances listed in Schedule I or II, is considered one of the most serious offenses in Canada and can result in a life sentence. Although only the most severe cases are likely to receive such a sentence, this reflects the importance lawmakers place on combating drug-related offenses. For substances listed in Schedules III and V, the maximum sentence is 10 years, while substances in Schedule IV can result in up to 3 years of imprisonment.
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