law office of michael p. juskey

criminal defence lawyer

mike@MPJLAW.ca

Toronto Drug Trafficking Lawyer

Toronto drug trafficking lawyer Michael P. Juskey can help you avoid jail and a criminal record.  Drug trafficking is very serious criminal offence that often results in jail time.  There is no substitute to having an experienced criminal defence lawyer on your side when facing these allegations.  The Controlled Drugs and Substances Act defines traffic as:  to sell, administer, give, transport, send or deliver.  It also defines trafficking as selling an authorization to obtain a substance or to offer to do any of the above.  If an individual gives drugs to another person for free, that is considered drug trafficking.  Section 5(1) of the Controlled Drugs and Substances Act states:

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.

Drug trafficking charges are typically laid either when a police officer witnesses a drug deal or he/she is acting as the buyer in an undercover capacity.  If you would like to learn more about Simple Drug Possession cases, click here.  If you would like to learn more about Possession of Drugs for the Purpose of Trafficking cases, click here.

What is the Punishment for Drug Trafficking?

Schedule I & II

Possession of a Schedule I (cocaine, heroin, fentanyl) or Schedule II (cannabis, hash) substance for the Purpose of Trafficking is a straight indictable offence with a maximum sentence of life in prison.  There is a mandatory minimum sentence of one year in jail if: there is a link to a criminal organization, the use or threatened use of violence, the accused used or threatened to use a weapon or the accused was previously convicted of a designated substance offence.  There is a mandatory minimum sentence of two years in jail if: the crime was committed near a school, in a prison, a person under 18 was involved.

Schedule III

Possession of a Schedule III (Vicodin, Suboxone, anabolic steroids, ketamine) substance for the Purpose of Traffickingis a hybrid offence.  This gives the crown attorney the option of proceeding by indictment or summary conviction.  If the crown attorney proceeds by indictment the maximum sentence is ten years in a penitentiary.  If the crown proceeds by way of summary conviction the maximum sentence is 18 months in jail.