Trafficking charges can be framed as 'possession for the purpose of trafficking' (“PPT”) or trafficking, simplicitor.  Sentences for these offenses are much more severe than simple possession charges.   Possession for the purpose of trafficking charges arise when the amount of the drug, or the circumstances of the arrest, lead the police and Crown prosecutor to conclude the drug must have been possessed for the purpose of sale.  A small amount of drug together with scales, cash, multiple cell phones and baggies, or a large amount of drug itself can lead to such a charge.  The police generally have to call an expert to explain to the judge that  the circumstances are only consistent with possession for the purpose of trafficking.   There may well be alternate explanations for a large quantity of drugs, such as a medical marihuana case where the intent was to make a tincture, or a butter to cook with.    Sometimes addicts  will consume vast quantities of a drug, and because of the addiction are in possession of large amounts.  The lawyers at Tessmer Law have got charges reduced from possession for purpose of trafficking to simple possession where we have raised a doubt about the purpose for which the drug was possessed. 

On the other hand a trafficking charge simplicitor generally involves proof of an actual sale of a drug, either to an undercover police officer or police agent.  Sometimes the police have wiretap evidence to prove a sale of a controlled drug.  In cases of sales to undercover police officers, a defendant may avoid being sentenced if he was entrapped by the police.  Entrapment occurs when a police officer randomly asks a person to commit a crime, or when they pester the person unreasonably to sell them a drug.  It is however permissible for the police to randomly ask someone to sell them a drug if they have reason to believe that trafficking is occurring in the place the deal goes down.   For instance, Granville Street in downtown Vancouver has such a reputation, as do the pubs at Big White Ski Resort and Leon Avenue in downtown Kelowna.  Despite this, Tessmer Law has successfully kept defendants out of jail in undercover sales to police officers.  

Production charges involve the growing of marihuana, or making of MDMA, acid etc. This may include the drying of the weed, or the  mere trimming of the buds before packaging.  Further,  it is not necessary to prove that the defendant personally produced the weed or made the drug.  If the defendant had control over the place in which  the growing or production occurred and knowledge of the occurrence. a court may  convict them as a party to the crime.  This is because the crime couldn't have been  committed in that place without their assistance.    Tessmer Law has recently obtained acquittals for defendants where the police could not prove that the person whose documentation was found at a grow op, was the same person as the defendant.   After all, there could be several 'Tom Smiths ' living in the city in which the crime was committed.

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