Monday, June 2, 2014

Criminal Law in Vancouver: The Difference between Possession and Trafficking

As a criminal lawyer in Vancouver, B.C, one deals on a regular basis with many levels of marijuana offense, from the relatively minor to the very serious. One of the fundamental distinctions to be made is between “possession” and “trafficking.” How the Crown interprets your role in relation to the drugs found may reverberate through the rest of your life.

According to the Controlled Drugs and Substance Act, trafficking refers to the sale, administration, transfer, transport or delivery of a banned substance. In order to be convicted of trafficking, the crown prosecutors must establish that the drugs were found on your person (or premises) and that you had foreknowledge of them. This is enough to convict a person of possession. They must further prove that you intended to sell or administer the drugs before it becomes trafficking.

Any good criminal lawyer in Vancouver will look for mitigating circumstances.  The quantity of drugs, their street value and other monies found will have a bearing.  As will equipment associated with drug manufacture, connections with the criminal drug trade etc. Finally the credibility of the defendant’s story will be weighed up against the facts and evidence.

Drug trafficking sentences can range from five years to life imprisonment. Bear in mind that a distinction is generally drawn between “soft drugs” such as marijuana and “harder drugs” like heroin and cocaine. Contributing factors may include the age of the accused, their background, potential for rehabilitation and their level in the distribution chain. An experienced criminal lawyer in Vancouver will take all your circumstances into account and advise you on the best way to plea.

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