How a Lawyer Can Help with Drug Possession vs. Trafficking Charges
                     AK RA M LAW
How a Lawyer Can Help with Drug 
Possession vs. Trafficking Charges
Table of Contents
Understanding Drug Possession vs. Trafficking....................................................................................... 3
How a Calgary Lawyer Can Help.............................................................................................................. 4
Legal Defences for Drug Possession Charges .......................................................................................... 5
Challenging Unlawful Search and Seizure ........................................................................................... 5
Lack of Knowledge .............................................................................................................................. 5
Constructive Possession......................................................................................................................  6
Legal Defences for Drug Trafficking Charges........................................................................................... 7
Challenging Intent to Traffic................................................................................................................ 7
Entrapment .........................................................................................................................................  7
Lack of Evidence..................................................................................................................................  7 
How a Calgary Lawyer Can Help Mitigate Penalties ................................................................................ 8
1. Plea Bargains................................................................................................................................. 8
2. Alternative Sentencing.................................................................................................................. 8
3. Expunging or Sealing Records ..................................................................................................... 9
Contact Details of Calgary Defence Lawyer .......................................................................................... 10
Understanding Drug Possession vs. Trafficking
Definition of Drug Possession:
Drug possession refers to the act of having a controlled substance in 
your possession, whether it’s for personal use or otherwise. Under 
Calgary’s legal framework, drug possession is a criminal offence that is 
categorized based on the type and amount of the substance in question. 
A few key points to understand about drug possession charges include:
 What Constitutes Drug Possession: Drug possession can be 
proven if the accused has direct physical control over the substance 
(for example, found in their pockets or belongings) or if they 
knowingly have the drug in a location they control (like their home 
or car). It’s important to note that even small amounts of controlled 
substances can result in criminal charges.
 Consequences of Drug Possession: Depending on the substance
and amount in question, penalties for drug possession can range 
from fines to imprisonment. For first-time offenders, a lawyer may 
be able to negotiate alternatives like diversion programs, but repeat 
offences typically carry harsher consequences. A conviction can 
also lead to a criminal record, which may impact future 
employment and travel opportunities.
Definition of Drug Trafficking:
Drug trafficking, on the other hand, refers to the sale, transportation, or 
distribution of controlled substances. It is considered a much more 
severe offence than simple possession and carries correspondingly 
higher penalties.
 Overview of Drug Trafficking Charges: Trafficking charges do 
not require proof of actual sale; they can be laid if it is believed 
that the drugs were intended for distribution. Possession of a large 
quantity of drugs, especially beyond what is considered for
personal use, can lead to trafficking charges, even if no actual sale 
took place.
 Penalties for Drug Trafficking: The penalties for drug trafficking 
are significantly more severe than those for possession. They
include long-term imprisonment, especially if the substance 
involved is categorized as a more dangerous drug, such as cocaine 
or opioids. The length of the sentence can also depend on factors 
such as the amount of the drug, whether the trafficking occurred 
near a school, and whether minors were involved in the 
transaction.
How a Calgary Lawyer Can Help
A drug offence lawyer plays a vital role in defending against both drug 
possession and trafficking charges. Their expertise and understanding of 
Calgary's legal system can help in the following ways:
 Analyzing the Evidence: A lawyer will meticulously examine the 
evidence presented by the prosecution to ensure that it was 
lawfully obtained. If there was an illegal search and seizure, they 
can argue to have the evidence excluded, potentially weakening the 
prosecution’s case.
 Negotiating Reduced Charges: In some instances, a lawyer can 
negotiate with the prosecution to reduce a trafficking charge to 
possession if the evidence doesn’t fully support the more serious
charge. This can result in significantly reduced penalties.
 Building a Defense Strategy: Whether you are facing possession 
or trafficking charges, a lawyer can develop a customized defense 
strategy based on the specifics of your case. They may argue that 
you did not have knowledge of the drugs in question or that the 
drugs were not in your direct control.
 Navigating Plea Bargains and Sentencing: A drug offence 
lawyer can work to negotiate plea bargains that could reduce
charges or minimize penalties. In cases where conviction is 
likely,
they will advocate for more lenient sentencing options, such as 
probation or rehabilitation programs instead of jail time.
 Protecting Your Future: Perhaps most importantly, a Calgary 
drug offence lawyer will help mitigate the long-term consequences
of a conviction, such as a criminal record that could affect your 
career and personal life. By working with a lawyer, you improve 
your chances of a favorable outcome that minimizes the impact on 
your future.
Legal Defences for Drug Possession Charges
Here are some common legal defences used in drug possession cases:
Challenging Unlawful Search and Seizure
One of the most effective defences in drug possession cases is 
challenging the legality of how the evidence was obtained:
 Importance of Protecting Constitutional Rights during Police 
Searches: If the police conducted a search without a valid warrant 
or failed to follow legal protocols (such as having reasonable 
grounds for the search), your lawyer could argue that the evidence 
was unlawfully obtained. This can lead to the exclusion of the drug 
evidence from the trial, which may result in the charges being 
dismissed or reduced. A Calgary drug offence lawyer will 
thoroughly examine the circumstances of the search to determine if 
your constitutional rights were violated and will work to have the 
evidence thrown out if it was obtained illegally.
Lack of Knowledge
Another possible defence in drug possession cases is demonstrating that 
the accused was unaware of the presence of the drugs. In some cases, 
drugs may be found in a shared space or in a location the accused had
access to, but they did not know the drugs were there. For example, 
drugs could have been left in a vehicle or residence by someone else, 
and the accused may genuinely not have known about their presence.
 How Proving Lack of Knowledge Can Lead to Dismissed 
Charges: The prosecution must prove beyond a reasonable doubt 
that you knowingly possessed the drugs. If your lawyer can 
establish that you did not have knowledge of the drugs, this could 
result in the charges being dismissed. A Calgary drug offence 
lawyer will work to gather evidence and testimony that supports 
your lack of knowledge, such as showing that the drugs were found 
in a location not directly under your control or that you had no 
reason to be aware of their presence.
Constructive Possession
In drug possession cases, the concept of constructive possession can 
come into play. Constructive possession refers to situations where a 
person may not have actual physical control of the drugs but is still 
deemed to have possession because they had knowledge of the drugs and 
some level of control over them. For example, if drugs are found in a 
shared space (like a home or car), all occupants could be charged with 
possession, even if only one person had direct access to the drugs.
 Explanation of Constructive Possession and How a Calgary 
Drug Offence Lawyer Can Defend Against It: To prove 
constructive possession, the prosecution must establish that you 
had both knowledge of the drugs and control over the space where 
they were found. A Calgary drug offence lawyer can defend 
against constructive possession charges by demonstrating that you 
had no control over the drugs or were unaware of their presence. 
They may also argue that the drugs belonged to someone else in 
the shared space and that you had no involvement in the offence. 
By highlighting these points, your lawyer can potentially weaken 
the prosecution's case and increase the likelihood of the charges 
being reduced or dismissed.
Legal Defences for Drug Trafficking Charges
Challenging Intent to Traffic
If the quantity of drugs in possession is relatively small, a lawyer may 
argue that the drugs were intended for personal use rather than for sale 
or distribution. The prosecution often relies on the amount of drugs to 
infer intent to traffic, but a strong defence can challenge this assumption 
by demonstrating that there is no evidence of trafficking activities, such 
as the absence of drug paraphernalia associated with distribution (e.g., 
scales, packaging materials). A Calgary drug offence lawyer can 
present evidence to support the argument that the drugs were for 
personal consumption, which may reduce the charges from trafficking to 
simple possession, leading to less severe penalties.
Entrapment
If the police used coercive tactics or undue influence to persuade you to 
engage in drug trafficking, your lawyer could argue that you were 
entrapped. In this defence, the lawyer must show that the idea to traffic 
drugs did not originate with you and that you were pressured into 
committing the offence by law enforcement. A Calgary drug offence 
lawyer will carefully investigate the circumstances leading to the 
trafficking charge to determine if entrapment occurred. If successful, this 
defence can lead to the dismissal of the charges.
Lack of Evidence
A Calgary drug offence lawyer will scrutinize the prosecution’s case 
for any gaps in the evidence. This could include challenging the 
credibility of witnesses, questioning the integrity of how the drugs were 
discovered, or highlighting inconsistencies in the investigation. If the 
prosecution cannot provide compelling evidence that proves intent to 
traffic, the charges may be dismissed or reduced. For example, if no
evidence of communication, such as phone records or text messages, 
exists to suggest that the accused was arranging sales, the defence may 
argue that the prosecution has failed to meet the burden of proof.
How a Calgary Lawyer Can Help Mitigate Penalties
Here are several ways a lawyer can help reduce the consequences of a 
drug offence conviction:
1. Plea Bargains
A plea bargain is an agreement between the defence and the 
prosecution where the accused agrees to plead guilty to a lesser charge 
or accept a reduced sentence in exchange for avoiding the uncertainty of 
a trial.
 Explanation of How Plea Bargains Work and When They 
Might Be Advantageous: In drug offence cases, plea bargains can 
often lead to lesser penalties, such as reduced fines, shorter jail 
time, or even the reduction of charges from trafficking to 
possession. A Calgary drug offence lawyer can negotiate with the 
prosecution to secure a deal that limits the impact on your life, 
especially if the evidence against you is strong. Plea bargains are 
typically advantageous when going to trial carries a high risk of 
severe penalties, and a negotiated settlement offers a more 
favorable outcome. Your lawyer will assess your case and 
determine if a plea bargain is the right strategy based on the 
specific circumstances.
2. Alternative Sentencing
In some cases, instead of serving a jail sentence, individuals convicted of 
drug offences may be eligible for alternative sentencing, which focuses 
on rehabilitation rather than punishment. An experienced Calgary drug
offence lawyer can argue for alternative sentencing options, such as 
drug treatment or rehabilitation programs, community service, or 
probation.
3. Expunging or Sealing Records
A criminal record for a drug offence can have long-lasting effects on 
your life, including difficulties finding employment, traveling, or 
securing housing. However, it may be possible to expunge or seal your 
criminal record after a conviction.
 The Process of Clearing a Criminal Record After a Drug 
Offence Conviction with the Help of a Skilled Lawyer: 
Expunging or sealing a criminal record means that the conviction 
is either removed from your record or made inaccessible to the 
public. In some cases, after serving your sentence or fulfilling 
certain conditions, you may be eligible to have your record cleared. 
A Calgary drug offence lawyer can guide you through this 
process, ensuring that all paperwork and legal requirements are 
met. By successfully expunging or sealing your record, you can 
move forward without the burden of a criminal conviction 
impacting your future opportunities.
Contact Details of Calgary Defence Lawyer
Akram Law - 918A 5 Ave SW Suite 1, Calgary, AB T2P 0N7 
Phone Number: 403-774–9529
https://akramlaw.com/
[email protected]
Business Hours:
Monday-Thursday: 9 AM-5 PM 
Friday: 9 AM-12 PM
Saturday: 10 AM-1 PM