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Vancouver Drug Trafficking Laws

Trafficking and Possession for the Purpose of Trafficking (PPT)

Under Section 5(1), it is an offence to “traffic” in a substance or drug listed in Schedule I, II, III or IV or in any substance represented or held out to be such a substance. The latter part means that a person who sells salt or flour to another person but claims that the substance is cocaine is just as guilty of trafficking cocaine as if he were selling real cocaine.

Under Section 5(2), it is an offence to possess, for the purpose of trafficking, a substance or drug included in Schedule I, II, III or IV. The offence of possession for the purpose of trafficking is commonly referred to as PPT, and cannot be proved without expert evidence that confirms that the quantity of the drug found in the accused’s possession and the surrounding circumstances of possession (e.g., packaging of the drug for sale in retail quantities) are consistent with an intention to traffic the substance rather than consume it personally. Typically police officers with experience and training in drug enforcement are qualified as “experts” to provide this type of evidence, and prepare a written report for the court and attend in person to testify as to their opinions.

The term “traffic” is defined in Section 2(1) as follows:

“traffic” means, in respect of a substance included in any of Schedule I to IV

  • to sell, administer, give, transfer, transport, send or deliver the substance,
  • to sell an authorization to obtain the substance, or
  • to offer to do anything mentioned in the preceding two lines,

otherwise than under the authority of the regulations.

Trafficking and Possession for the Purpose of Trafficking (PPT)

– Schedule I, II or III Substance or Drug

The consequences of being convicted of trafficking a Schedule I, II or III drug or possessing such a drug for the purpose of trafficking (PPT) are set out in Section 5(3)(a), (a.1) and (b) of the CDSA.

In summary, the consequences are:

Drug Consequences

* Minimum sentences apply depending on the presence of certain aggravating factors (e.g., use of violence or threats in the commission of the offence; use of weapons in the commission of the offence; links to criminal organizations; previous convictions for trafficking, PPT or production; commission of the offence near a school, playground, etc.; commission of the offence in a prison; use of a person under 18 to commit the offence).