Drug Trafficking: What We Learn From the Criminal Code
If you think that trafficking only concerns organized crime, street gangs, important dealers and local dealers, you are wrong! Do you know that giving a pill of Valium to a friend can be regarded as trafficking? Yes! The Criminal Code is very strict and associated penalties can be very serious. Let’s see what the Criminal Code tells us about trafficking.
What is included in the term “drugs”?
Marijuana, cocaine, Valium and amphetamine are the most famous, but there are many more. They are divided into six categories in the Criminal Code.
Schedule I: opium, morphine, cocaine, codeine, heroin, methadone, phencyclidine (PCP and ketamine)
Schedule II: cannabis (marijuana) and cannabis resin (hashish)
Schedule III: mescaline and psilocybin (magic mushroom)
Schedule IV: barbiturates and anabolic steroids
Schedule V: some chemical drugs
Schedule VI: ephedrine, pseudoephedrine, lysergic acid (LSD)
Drug trafficking: what we learn from the law
According to section 2 of the Criminal Code, traffic means, “in respect of a substance included in any of Schedules I to V, to sell, administer, give, transfer, transport, send or deliver the substance. […] ‘Sell’ includes offer for sale, expose for sale, have in possession for sale and distribute, whether or not the distribution is made for consideration.”
If simply buying drugs isn’t regarded as trafficking, know that if you help a buyer to find illegal substances, you can be found guilty of contributing to drug trafficking.
Drug trafficking: sanctions
You have been caught trafficking? You need to know the existence of mandatory minimums for this type of infraction. However, regarding mandatory minimums, the Criminal Code has different sanctions according to the infraction.
According to section 5 (1), “No person shall traffic in a substance included in Schedule I, II, III, IV or V or in any substance represented or held out by that person to be such a substance.”
As for section 5 (2), it states that “No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III, IV or V”.
As such, every person arrested for drug trafficking as defined in schedule I and II or for having it in their possession for purposes of trafficking is liable to imprisonment for life. Regarding substances included in Schedule III and V, the defendant is liable to imprisonment for a term not exceeding ten years. Regarding substances included in Schedule IV, the defendant is liable to imprisonment for a term not exceeding three years.
Of course, each sentence is established according to the severity of the infraction and according to the sections defined in the Criminal Code. That is why it is very important to discuss it with a criminal lawyer to ensure your defense. Your lawyer knows the legislation and will help you build a solid defense to ensure you good representation.
Mrs. Martine Thibodeau, Criminal Lawyer
You have been arrested for trafficking? Call Mrs. Martine Thibodeau, criminal lawyer. Available 24/7 if you are being arrested, Mrs. Thibodeau will analyze every police and judicial procedures to build your case. Asking for a lawyer is a right, use it! For more information or for a consult, feel free to contact Mrs. Thibodeau.