Second Convictions | Trafficking Marijuana and Production of Marijuana

Mandatory Minimums | Trafficking Marijuana

Mandatory minimums, you’ve heard about them, it’s an issue that is often discussed in the mainstream media, but what does it mean and more importantly, how does it directly affect you? To begin, these mandatory minimums came into effect with the Conservative government’s “tough on crime” approach. Thanks to Bill C-10 | the Safe Streets and Communities Act, there are mandatory minimums relating to possessing and producing marijuana for the purpose of trafficking. On a second conviction for drug trafficking marijuana, you may be subjected to a mandatory minimum punishment of imprisonment of one year.


What do you need to know

If your prior trafficking conviction is not within the previous 10 years, you may not be subject to this minimum. Furthermore, there must be three kilograms of marijuana to warrant a mandatory minimum sentence of one year, even with the previous trafficking conviction.


Simple Trafficking: Aggravating Factors

Simple trafficking in marijuana, S. 5(1) of the CDSA, carries with it a mandatory minimum of either 1 or 2 years if certain aggravating factors are met.


The one-year mandatory minimum punishment arises if a person commits trafficking for the benefit of, at the direction or in association of a criminal organization. It also applies if the person used or threatened to use violence or weapon in committing the offence.
The second-year mandatory minimum arises if a person committed the offence near a school or other public place frequented by persons under the age of 18. It arises if the offence was committed in a prison. It also arises it the person used the services of a person under the age of 18 in committing the offence.


What About Production of Marijuana?

The mandatory minimum will depend on the number of plants grown. For production of 6-200 plants, the mandatory minimum is 6 months. For production of 201-500 plants, the mandatory minimum is 1 year. For production of over 500 plants, the mandatory minimum is 2 years.


What to Do?

The only way to avoid jail is to successfully defend the charge. This means that you need to hire a skilled and competent lawyer. Call JKPC for a free consultation.