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Drug Possession and Trafficking Notes

Drug Possession and Trafficking Notes. Driving under the influence of alcohol and using illegal are serious crimes that trouble Canadians. These crimes are costly resulting in more tax spending on health care and legal aid, and soaring insurance rates. COST OF ILLEGAL DRUGS:

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Drug Possession and Trafficking Notes

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  1. Drug Possession and Trafficking Notes

  2. Driving under the influence of alcohol and using illegal are serious crimes that trouble Canadians. • These crimes are costly resulting in more tax spending on health care and legal aid, and soaring insurance rates. COST OF ILLEGAL DRUGS: • Worldwide, governments spend millions monitoring drug trafficking and arresting people involved in the drug trade. Do such costs justify the "war on drugs" or should governments just legalize the possession and use of certain drugs? • FACT: annual production of marijuana in BC is valued at $ 6 billion making it the largest industry in the province. (ALL ABOUT LAW. 5thedition)

  3. Canadian Legislation on Drugs: • Narcotics Control Act: changed to THE CONTROLLED DRUGS AND SUBSTANCE ACT. (1997) • It combines the Narcotic Control Act with the Food and Drugs Act. • Located as a separate section within the Criminal Code • Organized by a system called schedules starting with I and ending with VIII. These included illegal substances as well as controlled ones and even prescriptions • See your booklet for the different schedules

  4. Definitions and Understanding DRUG: • Any substance that by its chemical nature alters structure or function in a living organism. • Not all chemicals with these effects are illegal (coffee, tea, beer alter the function of living things) CONTROLLED SUBSTANCE: • Any drug listed in schedules I to V of the Controlled Drugs and Substances Act DRUG POSSESSION: • The state of having knowledge of and control over something. • Under the Controlled Drugs and Substances Act, it is unlawful to be in unauthorized possession of any drug* listed in schedules I through V.

  5. 3 IMPORTANT POINTS TO REMEMBER WHEN IT COMES TO POSSESSION • THE PERSON IN POSSESSION MUST KNOW WHAT THE ITEM IS AND HAVE SOME MEASURE OF CONTROL OVER IT Example: Daniel holds a grudge against Big Mike so he gives him a package of white powder and told him it is foot powder when its heroin. He then calls crime stoppers to report that Big Mike is carrying drugs. Big Mike is released because he “thought it was foot powder.”

  6. 2. A PERSON MAY BE FOUND IN POSSESSION IF HE/SHE GAVE THE ITEM IN QUESTION TO ANOTHER PERSON Example: Nadia places an ounce of marijuana in Alek’s gym bag. School authorities search the bag. Nadia can still be charged with possession of a controlled substance

  7. A PERSON CAN BE CHARGED WITH POSSESSION EVEN IF THE PERSON DOES NOT OWN THE CONTROLLED SUBSTANCE OR HAVE IT IN HIS/HER POSSESSION AS LONG AS THE PERSON KNOWS ABOUT IT AND CONSENTS TO ITS POSSESSION BY SOMEONE ELSE. Example: Nadia buys some ecstasy with the intention to use it at Alex’s party. Alex is fully aware of this but states that she is not going to use any because this is “ bad thing to do.” Alex can still be charged with possession based on the idea of consent. She may have not chosen to take any but she allowed (CONSENT) Nadia to use it or she did not try to stop Nadia from using it at her house. ( IMPLIED CONSENT)

  8. TRAFFICKING • To traffic means to sell, administer, give, transfer, transport, send, or deliver the substance. HOW DOES THE CROWN PROSECUTE? Trafficking: -they must prove beyond a reasonable doubt that the accused possessed the controlled substance with the intention to traffic. INTENTION CAN BE SHOWN IN DIFFERENT WAYS: • the amount in question ( if it is more than a user would use) • Mere offer to sell is enough as well ( do not need to carry it out)

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