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Possession for the purpose of trafficking involves the possession of controlled substances with the intent to sell or distribute them. This offence is enumerated in section 5(2) of the Controlled Drugs and Substances Act.

The key elements of this offence are:

Possession: The accused person must be in possession of controlled substances, such as illegal drugs or prescription medications, that are listed under the Controlled Drugs and Substances Act.

Intent to Traffic: The possession must be for the purpose of trafficking, which means the accused person intended to sell, distribute, or otherwise transfer the controlled substances to others. The intent to traffic can be inferred from factors such as the quantity of drugs, the presence of drug paraphernalia, or other evidence suggesting an intention to distribute.

Knowledge and Control: As with drug possession, knowledge of the nature of the controlled substances and control over them are essential elements of this offence.

The penalties for this offence depend on the type of substance as well as the quantity. As with drug trafficking, penalties for possession for the purpose of trafficking include lengthy imprisonment sentences, substantial fines, confiscation of assets or proceeds obtained through drug trafficking, mandatory minimum sentences for certain drug offences, and forfeiture of property used in drug trafficking.