The drug trafficking vs possession question is the first one that matters in any New Brunswick drug file, because it decides the range you are facing. Simple possession can end in a diversion program and no record. Trafficking a Schedule I drug carries a maximum of life imprisonment. The same bag of drugs can be charged either way, and the difference is what the police say you intended to do with it.
When clients call about a drug charge, sentence is what they want to know first. The answer depends on the charge, the drug, and how the Crown elects to proceed.
Drug law is federal, under the Controlled Drugs and Substances Act. How it is prosecuted is local. New Brunswick has its own diversion program, its own treatment courts and its own roadside rules, and they change the outcome. This guide covers the definitions, the schedules, the sentences, and the New Brunswick programs that keep first offenders out of the system.
The CDSA Separates Personal Use From Distribution
Every drug offence in Canada is under the federal Controlled Drugs and Substances Act (CDSA). The Act separates personal use from distribution, and that line sets both how hard the Crown pushes and what the maximum penalty is.
Simple Possession (Section 4 CDSA)
Section 4 makes it an offence to possess a controlled substance. It is the least serious drug charge. The Crown has to prove you possessed the substance, and possession is broader than having it in your pocket.
What “knowledge and control” means
The Crown must prove two elements beyond a reasonable doubt. Knowledge: you knew the substance was there. Something slipped into your bag without your knowledge is not your possession. Control: you had the power to decide what happened to it.
Control includes two extended forms. Constructive possession, where the drugs are not on you but in a place you control, such as your bedroom drawer or your glovebox. Joint possession, where you and another person share control even though only one of you is holding it.
Trafficking Under Section 5 Includes Sharing for Free
Trafficking is section 5(1). Police and Crowns prioritize it because it targets supply, and the penalties reflect that.
Trafficking is not limited to selling for cash. It includes:
- Selling a controlled substance.
- Giving or sharing it for free.
- Administering it to another person.
- Transporting, sending or delivering it.
Possession for the Purpose of Trafficking (PPT)
The most common serious charge in New Brunswick is PPT, section 5(2). The police found you with drugs and believe you meant to distribute them. You do not have to be caught selling. If the Crown proves the intent, the sentence is the same as for trafficking.
The Evidence Used to Prove PPT
Intent is proven by circumstance. Police look for “indicia of trafficking”:
- Quantity beyond personal use.
- Drugs split into multiple small baggies or bindles.
- Digital scales, score sheets (debt lists), cutting agents.
- Unexplained cash, especially in small bills.
- Texts or encrypted messages arranging meetings with buyers.
The Schedule of the Drug Sets the Maximum Sentence
The CDSA sorts substances into schedules by their potential for addiction and harm, and the schedule sets the maximum sentence. Know which one applies to you.
Schedule I
The most heavily penalized drugs, and the ones behind most trafficking prosecutions:
- Cocaine and crack cocaine.
- Methamphetamine.
- Heroin.
- Fentanyl and other opioids.
- MDMA.
Schedules II, III and IV
Lower maximums than Schedule I. Cannabis was removed from the CDSA entirely and is now regulated under the Cannabis Act. The substances that remain scheduled include the following:
- Schedule II: synthetic cannabinoids.
- Schedule III: LSD, psilocybin, mescaline.
- Schedule IV: prescription drugs such as diazepam (Valium), alprazolam (Xanax) and other benzodiazepines.
Sentences Depend on the Schedule and the Crown’s Election, and Bill C-5 Removed the Minimums
The sentence depends on the schedule and on whether the Crown proceeds by summary conviction or by indictment. The Crown decides based on the facts and your record.
Summary Conviction Versus Indictable Offence
Summary conviction is for the less serious cases. On a summary possession charge the maximum is a fine or six months in provincial jail, and the proceedings are fast.
Indictable offences are the serious ones. Trafficking a Schedule I substance by indictment carries a maximum of life imprisonment.
Bill C-5
Bill C-5 removed every mandatory minimum penalty from the CDSA. Before it, some trafficking offences carried automatic jail. It also restored conditional sentence orders for most drug offences. A CSO is a sentence served in the community under house arrest conditions instead of in custody. On a PPT file it is often the outcome the defence is working toward.
New Brunswick Diverts First-Time Possession Through AMP and Two Treatment Courts
Federal drug charges in New Brunswick are prosecuted by the Public Prosecution Service of Canada, working with local police and provincial programs.
In August 2020 the Director of Public Prosecutions directed federal prosecutors to avoid prosecuting simple possession where possible and to steer those files toward health and diversion instead.
Alternative Measures Program (AMP)
A first offender facing minor possession can be approved for the Alternative Measures Program. You do not plead guilty. You meet a probation officer and complete conditions: addictions counselling, community service, a letter of apology. Complete them and the charge is withdrawn. No conviction, no record.
Moncton Addictions and Mental Health Court Program
Launched in April 2026, this provincial court program takes people whose offending is driven by addiction and connects them to treatment through a court health navigator. You must accept responsibility, and the Crown must agree your risk can be managed in the community. Complete the treatment plan and the monitored court appearances and the charges are withdrawn.
Elsipogtog Healing to Wellness Court
For Indigenous accused in Kent County, the Elsipogtog Healing to Wellness Court is a therapeutic court session that addresses substance use, mental health and trauma through cultural practice and community input instead of conventional punishment. Participants work through an individual plan of counselling and mentoring, and on completion charges can be withdrawn or sentences reduced.
Drugs in a Car Add an Impaired Driving Investigation and an Immediate SNB Suspension
Drugs found in a car also start a drug-impaired driving investigation. Police will suspect drug-impaired driving, which is an offence under Section 320.14 of the Criminal Code and also triggers immediate provincial penalties.
Service New Brunswick applies those penalties under the Motor Vehicle Act at the roadside, before any court date.
Immediate Roadside Suspensions
If police suspect drug use they can demand an oral fluid sample or a Standardized Field Sobriety Test. A failed SFST leads to an evaluation by a Drug Recognition Expert.
Failure brings an immediate short-term suspension, often 7 days for a first warn or fail. For a more serious result, or for a novice driver under zero tolerance, SNB can suspend for up to 90 days on the spot and impound the vehicle. These suspensions stand whether or not you are ever convicted.
The Defence Attacks the Searches and the Right-to-Counsel Breaches
A charge is not a conviction. An criminal defence lawyer goes through the investigation step by step. Trafficking files in this province usually involve searches of a car, a home and a phone, and each search has to have been lawful.
If the police cut a corner, the evidence they found can be excluded.
Charter Applications
Section 8 of the Charter protects against unreasonable search and seizure. If the RCMP or a municipal force searched your car or home without a warrant or without proper grounds, your lawyer applies to exclude the drugs.
Section 10(b) guarantees the right to counsel on arrest. If police delayed it, or questioned you first, your statements and sometimes the evidence found because of them can be excluded. With no drugs and no statement, the Crown usually withdraws.
Drug Trafficking vs Possession in New Brunswick Decides the Charge, the Range and the Diversion Options
The line between possession and trafficking decides the charge, the range and the diversion options. Possession is personal use. Trafficking is selling, sharing, transporting or giving away. Because trafficking can reach life imprisonment, early advice matters.
- A possession charge and a trafficking charge carry very different penalties under the CDSA.
- Quantity, packaging and cash turn possession into PPT.
- First-time possession may qualify for New Brunswick’s Alternative Measures Program.
- Many drug cases are won on Charter applications against the search.
FAQ
What Is the Penalty for First-Time Simple Drug Possession in New Brunswick?
For a first offence the usual route is diversion. Your lawyer negotiates entry into the Alternative Measures Program. Complete the conditions, such as addictions counselling or community service, and the Crown withdraws the charge. No record.
Can I Travel to the United States with a Drug Trafficking Conviction?
Almost certainly not without a waiver. A conviction for trafficking or PPT makes you criminally inadmissible to the United States. A waiver is possible but slow and expensive.
Do I Lose My SNB Driver’s Licence for a Drug Possession Charge?
Not for possession alone. If you are charged with drug-impaired driving, Service New Brunswick imposes an immediate roadside suspension of 7 to 90 days, and a conviction brings a minimum one-year Canada-wide driving prohibition.
Will I Go to Jail for a PPT Charge in New Brunswick?
Jail is a real possibility, especially for Schedule I drugs. Since Bill C-5 there are no mandatory minimums, so a conditional sentence order served at home under strict conditions is available and is often what the defence argues for.
The full list of claim types this firm handles appears under injury law areas, and the Moncton office fields the first call.