Life in prison a possible penalty for trafficking narcotics

By LegalMatters Staff • The penalties for trafficking narcotics range from house arrest to life in prison, with the harshest sentences given to those caught with large amounts of dangerous street drugs such as fentanyl or cocaine.

As stated in the Controlled Drugs and Substances Act, trafficking a drug includes transferring or giving the drug to another person.

“You can be charged even if you were just sharing narcotics with another person with no money changing hands,” says Calgary criminal defence lawyer Greg Dunn. “Most people also do not have a full understanding of what it means to be charged with possessing drugs.”

He says that “possession” includes not only having illegal substances on your person but also having them in the custody of another person, or knowing where illegal substances are kept and exerting some level of control over them.

“Drug trafficking penalties depend on the type and the quantity of the controlled substance, as well as any mitigating or aggravating factors involved in your case,” says Dunn, explaining aggravating factors that may lead to a more severe sentence include involvement in organized crime or the use of a weapon during the offence.

“Mitigating factors that may lead to a less severe sentence include if you are a first-time offender or if you are participating in a drug treatment program,” he adds.

When it comes to defending those accused of trafficking, some people may be able to show police violated their rights as guaranteed by the Canadian Charter of Rights and Freedoms, says Dunn.

“Everyone in Canada has the right to be secure against unreasonable searches and seizures,” he explains. “Sometimes investigators overstep those boundaries and conduct illegal searches to gather evidence. If that can be shown the charges should be dropped.”