Criminal law

Drugs

What does “drug trafficking” mean?

Under the law, many different activities are considered to be “trafficking”. Any of the following can lead to a trafficking charge: selling, administering, giving, transferring, transporting, sending or delivering drugs. This means that it would be considered trafficking if Owen had simply given Catherine 30 grams of hash for her to hold onto until he could sell it.

Displaying drugs, putting them up for sale or distributing them for free is also considered to be trafficking. Possession of an illegal substance with the intent to sell it is considered to be the same thing as actually selling the drug.

Owen’s customers are not considered to be trafficking when they buy hash from him. However, they are committing an offence called “possession” once they have the drugs. To find out more, read the Infosheet entitled Simple possession? Not so simple....

What substances are considered to be drugs?

The list of substances that are classified as drugs is too long to include here. However, there are certain well-known substances that police officers frequently encounter, like ecstasy and cocaine. Other drugs are also well-known to the police, like cannabis (more often referred to as marijuana, pot, or weed) and its derivative, hashish (or hash).

There is also opium and its derivatives: morphine, heroin, methadone and codeine. Other prohibited substances include “magic mushrooms” (psilocybin), LSD (acid) and PCP (often referred to as mescaline). Finally, even though it is not illegal to be in possession of certain drugs, such as barbiturates, anabolic steroids, Librium and Valium, it is nevertheless illegal to traffic them and to be in possession of them for the purpose of trafficking.

Can you only be convicted of trafficking if you’re selling an illegal substance?

No. You are considered to be trafficking even if you’re just trying to pass something off as a drug. In other words, trying to sell parsley by pretending it’s marijuana would be considered trafficking.

Similarly, Owen is still trafficking if he thinks he’s selling cocaine but it turns out to be flour containing only trace amounts of mescaline. It doesn’t matter that he was mistaken about what he was selling or that the substance barely contained any drugs. Owen is also considered to be trafficking even if the buyer doesn’t believe that the substance is really cocaine.

Were the police really allowed to arrest Catherine?

Yes. Catherine was the contact person between Owen and potential buyers. Not only was she an accomplice, she was herself committing an offence. Therefore, the police had the right to arrest her.

What would have happened to Owen if he had never actually managed to sell any drugs?

In that case, the police would not have been able to charge him with trafficking, since he never actually made any sales. However, they would still be able to charge him with possessing drugs for the purpose of trafficking, which is itself an offence. Like trafficking, possession for the purpose of trafficking includes possession of a drug with the intent to sell, transport or deliver it. To find out more, read the Infosheet entitled Simple possession ? Not so simple…..

Finally, anyone who hides an illegal substance on behalf of someone who is trafficking is guilty of possession for the purpose of trafficking.

What sort of sentence might an adolescent face for drug trafficking?

The court considers several factors before reaching its decision. The judge takes into account any previous offences, various sentencing principles, and the pre-sentence report before coming to her decision. The nature of the substance and the quantity found, along with other factors, will help determine the severity of the sentence. Here are some of the other factors that the judge will consider:

• the use or possession of a weapon or the use of violence in connection with the offence of trafficking (or the offence of possession for the purpose of trafficking);
  
  
• the commission of one of these offences in a school or on school property or in a public place frequented by minors;
  
  
• trafficking with a minor or using someone who is under 18 to commit the offence.

A young person can face a range of sentences for drug trafficking, from probation to custody for up to three years.

To find out more, read the Infosheets entitled The pre-sentence report : The name says it all ! and Sentencing.