CDSA: s.5(2) – Possession for the Purpose of Trafficking
My client was a passenger in his own vehicle when they were pulled over on the highway for driving 120 in a 110 zone. Police observed flakes of marijuana on the floor and smelled freshly smoked marijuana inside the vehicle. While the occupants were detained, police found over 100 grams of marijuana inside a bag in the trunk. After threatening to arrest everyone, unless someone confessed, my client admitted ownership. They were all released at the scene. My client was charged only at a later date. Given the problems with respect to voluntariness and the Crown’s problems in proving both possession and trafficking, I scheduled the matter for trial.
On the day of trial, the Crown withdrew the charge, resulting in no criminal conviction.