One of the most common questions people ask is:
“How many drugs does it take to be charged with trafficking in Canada?”
The surprising answer: there is no minimum amount.
You can be charged with trafficking — or possession for trafficking — with any quantity, even very small amounts, if police believe you intended to distribute or share the substance.
However, quantity still plays a crucial role in how police investigate, how the Crown prosecutes, and how judges sentence.
This comprehensive evergreen guide explains how drug amounts affect trafficking charges in Canada, why intent matters more than quantity, how courts interpret drug volumes, and how an experienced defence lawyer can protect your rights.
Many people mistakenly believe that drug trafficking charges under Canadian law operate like impaired driving offences — with fixed, numerical thresholds. However, under the Controlled Drugs and Substances Act (CDSA), there are no specific quantity limits that must be met to support a charge of trafficking.
Even tiny amounts of a controlled substance may lead to a trafficking charge if there is accompanying evidence of distribution, offering, or intent to distribute. For example:
In Canadian law, trafficking is defined not by the amount of the substance, but by the act of transferring, offering, or making available a controlled substance. This is why context and surrounding evidence play a critical role in these cases.
As Criminal Defence Partner Brian Brody explains:
“Trafficking is defined by the action, not by the quantity. The moment drugs are offered, given, delivered, or prepared for distribution, the law treats it as trafficking — whether it’s a gram or a kilogram.”
This means the core question is not how much, but what you intended to do with it.
Under Section 5 of the Controlled Drugs and Substances Act (CDSA), the term "trafficking" is defined broadly to encompass a wide range of actions related to controlled substances. A person may be found guilty of trafficking if they are involved in any of the following acts with respect to a controlled substance or an authorization (such as a prescription):
Because of this broad legal definition, police and prosecutors have significant discretion in laying charges. As a result, individuals may face trafficking allegations in situations that seem minor or non-commercial in nature. This highlights the importance of building a strong and strategic defence early in the process.
While quantity is not required for a trafficking charge, police use drug amounts to infer intent.
Police are more likely to lay trafficking charges when they observe:
Examples :
Even without paraphernalia, large amounts suggest trafficking because they exceed personal use.
Possessing multiple types of drugs can also support trafficking allegations.
Penalties depend on the Schedule classification.
| Schedule | Examples | Severity |
|---|---|---|
| I | Cocaine, fentanyl, heroin, meth, opium, most opioids | Most serious – up to life imprisonment |
| II | (Historical cannabis schedule) | No longer used |
| III | LSD, psilocybin, mescaline, amphetamines | Up to 10 years |
| IV | Steroids, benzodiazepines | Up to 3 years |
| V–VI | Precursors, chemicals | Lower penalties |
As Managing Partner, Jeff Mass notes:
“In trafficking cases, Schedule I drugs carry the harshest penalties. Combined with larger quantities, these cases attract the closest scrutiny from the Crown.”
Possession for the purpose of trafficking is a charge laid when police allege that a person intended to distribute a controlled substance, even if no sale, delivery, or transfer actually occurred. The offence does not require proof of a completed transaction; it is based on the intent to traffic, which the Crown must establish through circumstantial evidence.
Police and prosecutors typically rely on a variety of indicators to infer that drugs were possessed for distribution rather than personal use, including:
In Canadian law, the penalties for possession and trafficking are generally the same as for trafficking itself, meaning an accused faces equally serious consequences even when no actual distribution has taken place.
Judges consider quantity when evaluating intent and sentencing severity.
Examples :
Quantity is never the only factor — but it is always relevant.
Even though the CDSA does not require minimum quantities, amounts influence sentencing.
| Drug Type | Small Quantities | Medium Quantities | Large Quantities |
|---|---|---|---|
| Schedule I (cocaine, fentanyl) | Often probation or short jail (if no aggravating factors) | 1–3 years typical | 5–12+ years; life possible |
| Schedule III (LSD, mushrooms) | Fines or short jail | 6–18 months | Up to 10 years |
| Schedule IV (benzos, steroids) | Fines, probation | Up to 6 months | Up to 3 years |
Quantity multiplies sentencing when combined with:
Section 10 of the CDSA lists aggravating factors, including:
Even small quantities can result in jail if aggravating factors apply.
Defence lawyers examine every step of the investigation.
Unlawful searches violate Section 8 of the Charter.
Quantity alone is not enough.
Drug lawyers
show:
Testing delays or lab errors may undermine the Crown’s allegations.
Undercover operations must not pressure or induce illegal behaviour.
Section 9
— arbitrary detention
Section 10
(b) — right to counsel
As Robbie Tsang explains:
“Quantity makes cases appear strong at first glance, but it doesn’t replace the need for solid evidence. Many trafficking cases collapse due to unlawful searches or gaps in proving intent.”
Yes — charges may be withdrawn when:
Charges may also be replaced with:
Do not :
Do :
Your defence may include:
Mass Tsang’s team has secured hundreds of reduced or dismissed drug trafficking charges through strategic, evidence-based defence approaches.
If you have been charged with trafficking or possession for the purpose, you need a strong defence immediately.
Mass Tsang LLP provides:
Contact us today — the earlier you act, the stronger your defence will be .
No. There is no minimum quantity required under the CDSA. Police can lay trafficking charges for any amount if there is evidence of distribution or intent to distribute.
Yes. Even small quantities may lead to trafficking charges if police find indicators such as packaging, scales, cash, or messages suggesting distribution.
Quantity affects sentencing severity. Large amounts usually indicate greater potential harm and result in longer jail terms, especially for Schedule I drugs like fentanyl or cocaine.
Possession is for personal use. Possession for trafficking means authorities believe the drugs were intended for distribution based on evidence such as packaging, scales, or communications.
Yes. Trafficking charges may be withdrawn if there are Charter violations, unlawful searches, weak evidence of intent, or issues with substance identification.
