Under Sections 4 and 5 of the Controlled Drugs and Substances Act (CDSA), it is a criminal offence to traffic in a controlled substance or to possess a controlled substance for the purpose of trafficking. In plain terms, trafficking includes:

• Selling, giving, transporting, or delivering drugs, or even offering to do so

• P4P means possessing drugs with the intent to sell, distribute, or share them

You don’t need to be caught in the act of a drug sale—having a large quantity, packaging materials, scales, cash, or communication devices can be enough for police to charge you with P4P.

The CDSA classifies substances in schedules, and trafficking or P4P charges can apply to:

• Schedule I drugs: Cocaine, heroin, fentanyl, methamphetamine, opioids

• Schedule II drugs: Cannabis (only in illegal contexts)

• Schedule III & IV: LSD, ketamine, psilocybin (magic mushrooms), benzodiazepines

Even prescription medications, like oxycodone or Adderall, can lead to trafficking charges if sold or possessed without proper authorization.

Trafficking or P4P charges carry extremely serious consequences, especially for Schedule I substances. If convicted, you may face:

• Mandatory minimum prison sentences of 1 to 2 years, depending on the circumstances

• Up to life imprisonment for trafficking Schedule I or II drugs

• Harsher penalties if the offence involves: Trafficking near a school or playground, Involving a minor, or Being part of a criminal organization.

• Asset forfeiture, such as the seizure of money, vehicles, or property

The Crown often seeks jail time, even for first-time offenders, especially when opioids or fentanyl are involved.

Despite how serious these charges are, the prosecution still has to prove beyond a reasonable doubt that you were trafficking or intended to traffic. Possible defences include:

• No knowledge or control over the drugs (e.g., found in a shared vehicle or home)

• Challenging the intent – possession alone is not enough for P4P

• Illegal search and seizure (violating your Charter rights)

• Entrapment or improper police conduct

• Insufficient or circumstantial evidence

At Bigioni Law, we don’t take shortcuts. We carefully examine every element—from how the drugs were found to how the case is being prosecuted—and build a defence that fits your unique situation.

Drug trafficking charges can escalate quickly. What starts as a possession arrest can become a trafficking case based on vague assumptions or the presence of everyday items. If you're facing these charges, you need a lawyer who:

• Understands both the letter of the law and how it’s applied in Ontario courts

• Knows how to challenge search warrants and evidence gathering methods

• Can negotiate for reduced charges or alternative resolutions when appropriate

• Has real courtroom experience with complex drug prosecutions

Bigioni Law is here to protect your rights, your record, and your future.

A conviction for trafficking or possession for the purpose of trafficking can lead to years behind bars, a permanent criminal record, and devastating impacts on your career, family, and reputation. You don’t have time to hesitate—you need smart, experienced defence now.

At Bigioni Law, we offer:

• A confidential consultation

• Careful, strategic analysis of your charges and the evidence

• Charter-based defence options where applicable

• Relentless advocacy from a criminal lawyer who knows how to fight back

One charge should not define your life. Let us help you take the next step forward.