Possession of Narcotics for the Purpose of Trafficking
Possession of Narcotics for the Purpose of Trafficking is defined under the Controlled Drugs and Substances Act (CDSA) as possessing a substance included in Schedule I, II, III, IV or V for the purpose of trafficking.
The determination of whether the possession is for trafficking or personal consumption depends on the quantity of the substance found in the offender's possession. This quantity varies depending on the specific substance involved.
Potential Penalties for Possession of Narcotics for the Purpose of Trafficking
These penalties can include imprisonment, significant fines, probation, and the establishment of a permanent criminal record. The severity of the sentence depends on several factors, which include:
- Type of Narcotics: The categorization of drugs into different Schedules determines the seriousness of the offence. Schedule I drugs are considered the most severe, and their trafficking can result in lengthy prison terms. Furthermore, the specific type of narcotics within each Schedule may also lead to sentencing variations.
- Quantity of Narcotics: The amount of narcotics involved generally leads to more severe penalties.
- Surrounding Circumstances: The scale, scope, planning, and organisation of the operation are taken into account. Factors such as packaging methods, the presence of scales, and the existence of a debt list can influence the severity of the sentence.
- Offender's Background: The offender's criminal record, prior drug offences, and the potential for rehabilitation are considered in determining an appropriate sentence.
Don’t Face Your Possession of Narcotics for the Purpose of Trafficking Charge Alone
Certain aggravating factors may result in more severe charges or increased penalties. Common examples include:
- Employing a weapon, particularly a firearm.
- Causing bodily harm or death to the victim.
- Collaborating with a group or criminal organisation.
- Having prior criminal convictions, especially for similar offences.
- Targeting vulnerable victims, such as children or the elderly.
Get a Free Consultation With an Experienced Criminal Lawyer
It's crucial to enlist the expertise of a skilled criminal defence lawyer when confronted with a possession of narcotics for the purpose of trafficking charge. A criminal lawyer is instrumental in guiding you through the intricacies of the legal system, safeguarding your rights, and constructing a robust defense strategy that aligns with the unique circumstances of your case.