One of the best known illegal businesses globally is drug trafficking, which has claimed many people’s lives. In addition, it has leaked into the political environments of some countries and has compromised their decisions.
However, being involved in a drug trafficking business is punishable by law and quite severely. Canada is one of the countries where the penalty is severe. A person who is accused of drug trafficking should look for a narcotics lawyer who can defend him.
So, if you are wondering how to fight the charges of drug trafficking in Canada, read along.
What Is Considered Drug Trafficking?
The Controlled Drugs and Substances Act was passed in 1996 in Canada. The penal code of Canada establishes as a crime:
“Without authorization, any substance that may harm human health cannot be imported to or export from Canada.”
The penalty for drug trafficking in Canada varies according to the severity of the crime.
The minimum sentence for drug trafficking in Canada is 18 months, but it can be up to 18 months and a 2000 CAD fine. Or it can be both or even to life imprisonment.
This crime is aggravated when
- The culprit is a public official, teacher, or authority;
- Sale of the substances is made to persons under 18 years of age;
- The substances are adulterated with the possibility of generating greater damage to health;
- The culprit uses violence to commit the crime and some other aggravating factors.
How to Fight The Charges of Drug Trafficking in Canada: Get a Lawyer
When a person is accused of drug trafficking, the first thing to do is find a lawyer. They should look for a narcotics lawyer who can advise and represent them during the case to defend them. The goal is to prove their innocence or achieve the minimum sentence.
Let’s look at some of the ways an attorney can help the defendant:
- In the first place, a narcotics lawyer who is defending his victim for drug possession can argue on the amount. He can claim that the amount was not enough to cause damage to health. That means the amount is insignificant and, therefore, does not represent a drug but a harmless product.
This can be done when the substances are:
- Between 0.02 and 0.06 grams of heroin;
- Between 0.02 and 0.10 grams of cocaine; or
- A dose of methadone treatment is shared.
The idea is to argue that given the reduced amount, it does not affect the body. And therefore, there should only be a sentence if the amount is notorious.
- Second, a narcotics attorney can argue that the drug the person was carrying or trafficking does not cause significant harm to health. This will be valid in the case of marijuana. It does not have severe effects on the health of those who consume it. In fact, it has become legal in some countries.
In this case, the lawyer will obtain that his client has a sentence of between 1 and 3 years. Usually, drug trafficking laws in Canada have a punishment from 3 to 6 years. These are the most serious that are imposed for drug trafficking.
- Third, if the person has been found in possession of drugs, highlight the point of packaging. The narcotics attorney can argue that these are intended for personal use and that they are not for trafficking. This is provided that small quantities have been found that are not packaged in an ideal way for retail.
The quantities that are considered for their own drug use are:
- 0 to 25 grams of hashish,
- 0 to 100 grams of marijuana,
- 0 to 3 grams of heroin,
- 0 to 7.5 grams of cocaine,
- 0 to 3 milligrams of LSD,
- 0 to 900 milligrams of amphetamines and
- 0 to 1,440 milligrams of MDMA.
- Finally, what to do if the amount of drugs is higher? If the drugs carried by the person are close to the limit for their consumption, claim it as an error. The lawyer can argue that there was an error when weighing the quantity, and the customer carried a smaller quantity.
Canada has a very strict law against consuming or trafficking drugs. So if you ever get in this kind of charge, contact an experienced narcotic lawyer. They will be able to tell you how to fight the charges of drug trafficking in Canada. At least, they will be able to reduce your penalty as this is a serious crime.