Trafficking cannabis, possessing cannabis for the purpose of trafficking, and possessing property obtained by crime

Prior to the legalization of marijuana in Canada, our client was an employee at a marijuana dispensary. Investigators were particularly concerned with this dispensary because it was located close to a children’s playground and they feared that dispensaries could be targeted for robberies. After observing our client and her fellow employees sell cannabis products, the investigators obtained a search warrant for the business. Our client and another employee were arrested and charged with multiple counts of trafficking in cannabis products, possessing cannabis products for the purpose of trafficking, and possessing cash that had been obtained through the sale of the cannabis products.

 

The prosecutors originally wanted our client to receive a criminal record. After our client completed forty hours of community service, the prosecutors agreed that our client should receive a discharge, meaning that she would plead guilty but not receive a conviction or a permanent record. The prosecution asked for a conditional discharge, which would have involved a period of probation, while defence counsel asked for an absolute discharge, which did not involve any probation. The sentencing judge agreed with defence counsel and imposed an absolute discharge.

 

RESULT: Our client received anĀ absolute discharge, which means she has no conviction, no permanent criminal record, and no period of probation.