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Possession of Drugs for the Purpose of Trafficking
The quantity of drugs found by the police forms the basis upon which the Crown will rely when trying to prove the charge of possession for the purpose of trafficking. Typically, if youíre in possession of a very small amount of a drug, it often is assumed that it is for personal use. A larger quantity
makes it easier to prove a charge of possession for the purpose of trafficking
because itís difficult for somebody to prove that a large quantity of drugs was for personal use.
For example, if a person
consumes 5 grams of marijuana
per day, and they are in possession of
45 pounds of marijuana, it would be difficult for a judge to believe that
they can consume such a quantity
on their own. The next step for the Crown would ask the judge to infer that, since
they canít consume it on
their own, then the possession of
that amount is for the purpose of
trafficking. This means to distribute or sell
it to somebody else.
Another indicator of possession for the purpose of trafficking would be
presence of scales used for weighing the drug before selling
it. However, there are many
variables in each case. With
additional information that
can be presented to the
courts, the outcome can change
significantly, for instance,
if the use of marijuana is for
legitimate medical purposes.
In context of a drug charge, trafficking includes giving a controlled drug or
substance to anyone else. It does not require an exchange of money.
There have been cases where
individuals have been charged with trafficking in marijuana for passing a pipe to others to share.
For additional information,