Possession for the Purpose of Trafficking (PPT)
Possession for the purpose of trafficking — "PPT" in practice — is the offence under section 5(2) of the Controlled Drugs and Substances Act of possessing a controlled substance with the intent of trafficking in it. PPT is treated as seriously as trafficking itself; for Schedule I substances, the maximum is life imprisonment. The offence sits at the heart of most mid-level drug prosecutions.
Elements
The Crown must prove three elements: (1) the accused was in possession of a controlled substance (with the same knowledge and control requirements as simple possession); (2) the substance was one listed in the CDSA schedules; and (3) the possession was for the purpose of trafficking — that is, the accused intended to sell, give, transport, or otherwise distribute the substance to another person. Intent to traffic distinguishes PPT from simple possession.
How purpose is proven
Direct evidence of intent (statements, communications) is uncommon; most PPT cases rely on circumstantial inferences. The Crown typically points to: quantity (more than is consistent with personal use); packaging (multiple small individual baggies, scales, packaging materials); cash on hand, especially in small denominations; debt lists or drug ledgers; communications consistent with sales (texts arranging meetings or quantities); and absence of personal-use indicia (drug paraphernalia consistent with consumption). Expert police witnesses commonly testify about the inferences supported by these factors.
Defences
PPT defences include: the substance was for personal use only (with evidence of personal consumption, addiction history, and absence of trafficking indicia); the accused did not know the nature of the substance; the accused was not in possession (knowledge or control failures); Charter challenges to the underlying search; identification (in shared-residence cases); and challenges to expert opinions about trafficking purpose. Many cases resolve as simple possession (or are withdrawn outright) where the Crown cannot prove purpose beyond a reasonable doubt.
Sentencing
PPT sentences turn on quantity, the type of substance, the accused's role and record, and aggravating factors (weapons, organized-crime involvement, proximity to schools). Bill C-5 (2022) removed most mandatory minimums for CDSA offences, restoring sentencing discretion. Conditional sentences are now available again for many PPT matters. Substantial-quantity cases involving Schedule I substances commonly still attract federal penitentiary time.
Strategy
PPT files often have strong Charter and evidence-quality angles, particularly around the legality of the search. Mass Tsang's drug lawyers handle PPT files across the GTA. For more, see our blog posts on drug trafficking charges and drug possession charges in Toronto.
Related glossary terms
