Drug Possession and Trafficking Notes - PowerPoint Presentation

Slide1

Drug Possession and Trafficking NotesSlide2

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. 5

th

edition)

 Slide3

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 Slide4

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

.Slide5

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.”Slide6

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 substanceSlide7

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)Slide8

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)