Trafficking, and possession for the purpose of trafficking, is generally defined as when someone possesses a drug with the intention of making the drug available to others. “Possession for the purpose of” offences are subject to harsh sentencing which almost always includes jail time. To be convicted, there must be proof that the accused had knowledge of the drug, or was willfully blind as to their presence.
If convicted, penalties will vary and are dependent on several factors such as where the offence was committed, or if violence or a weapon was involved, among many others.
The most common charges under trafficking offence:
- Trafficking in substance – Controlled Drug and Substances Act Section 5 (1)
- Possession for the purpose of trafficking – Controlled Drug and Substances Act Section 5 (2)
- Criminal record
- More than 3 kg – up to life imprisonment; Less than 3 kg- up to 5 years
- House arrest