Trafficking vs. Personal Use - Understanding Alberta’s New Drug Possession Thresholds
                     Trafficking vs. Personal 
Use
Understanding Alberta's New Drug Possession 
Thresholds
Drug laws in Alberta continue to evolve. Updated possession 
thresholds have raised critical questions about how 
authorities distinguish personal use from trafficking—a 
distinction that dramatically affects legal consequences.
Why Possession Thresholds Matter
Possession thresholds guide how police and prosecutors interpret 
controlled substance quantities. When amounts exceed typical Critical Distinction: Personal 
personal use levels, authorities may presume trafficking—even possession often results in fines 
without evidence of actual sales. or treatment, whilst trafficking 
This presumption shifts the legal landscape entirely. Once charges can lead to jail time and 
trafficking is alleged, the accused faces substantially higher severe long-term consequences.
criminal liability and must mount a more robust defence.
Beyond the Numbers
Factors Used to Distinguish Personal Use from Trafficking
Physical Evidence Financial Indicators
Scales, multiple small baggies, and packaging Large amounts of cash or transaction records can 
materials suggest distribution intent. support trafficking allegations.
Communications Context Matters
Messages suggesting distribution or sales activity Each factor is assessed individually when 
strengthen prosecution cases. determining case classification.
Thresholds for Common 
Controlled Substances
Thresholds vary by substance and context, but general patterns guide 
interpretation. Courts assess not just quantity, but also packaging and 
storage methods.
Cocaine & Fentanyl
Methamphetamine
Several grammes often trigger 
Small amounts may indicate trafficking suspicion due to 
personal use, whilst larger extreme potency and lethality.
quantities typically raise 
trafficking concerns.
Other Substances
Thresholds are not strict rules but help police decide initial charge classification.
The Critical Role of Intent
Intent is a key factor in charge classification. A small 
amount can still result in trafficking charges if evidence 
suggests intent to sell.
Conversely, larger quantities may be argued as 
personal use when supported by context. Determining 
intent requires examining behaviour, communications, 
and how substances were obtained or stored.
The prosecution must prove intent beyond reasonable doubt.
Impacts on Sentencing and 
Criminal Records
Mandatory Jail Time
Trafficking convictions can result in mandatory imprisonment, even for 
first offences.
Travel Restrictions
Criminal records create barriers to international travel and border crossings.
Employment Barriers
Long-term career prospects suffer significantly with trafficking convictions.
Family Impacts
Convictions may influence custody disputes and other family legal matters.
The consequences of trafficking are substantially more serious than those for 
personal possession. Many individuals seek expert legal help because the penalties 
and long-term impacts can be life-changing.
Building a Strong Defence
When Thresholds Are Involved
01 02 03
Search Legality Substance Verification Evidence Analysis
Examine whether the search was Verify substances were accurately Assess whether items found 
conducted lawfully and evidence weighed, identified, and handled actually support an inference of 
properly obtained. according to protocol. trafficking intent.
04 05
Charge Reduction Challenge Assumptions
Work to reduce charges from trafficking to Highlight inconsistencies and ensure threshold 
possession when circumstances warrant. analysis is applied properly.
Key Takeaways
Thresholds Guide, Don't Dictate
Possession thresholds help classify charges, but 
they're only one element in the analysis.
Context Is Everything
Amount found, surrounding evidence, and intent all 
influence case classification.
Defence Requires Expertise
Understanding how thresholds and related factors are 
applied is essential for protecting your rights.
Don't Face Drug Charges Alone
Expert Defence When It Matters Most
When your liberty and future are on the line, you need 
dedicated and strategic criminal defence lawyers fighting for 
you.
• Focused, aggressive approach to serious drug charges
• Deep understanding of Alberta's evolving drug laws
• Challenge prosecution cases at every turn
• Committed to achieving the best possible result
Contact Kolinsky Law: +1 (780)-757-6400 or 
[email protected] for a confidential consultation.
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Protect Your 
Rights
Clear knowledge of how thresholds and related factors are 
applied helps individuals better understand their legal position 
and the steps needed to protect their rights. Don't leave your 
defence to chance.
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