The accused was tried on charges of possession of fentanyl and possession of fentanyl for the purpose of trafficking after police located 57.4 grams of fentanyl in her purse and a smaller amount with paraphernalia in a vehicle.
The accused admitted legal possession but testified that she and another heavy user had jointly purchased a month's supply in bulk for personal consumption.
Applying the credibility framework in W. (D.), the court found weaknesses in the accused's evidence but accepted that it was generally credible and capable of raising a reasonable doubt.
The expert evidence on trafficking indicia was insufficient, particularly given the absence of scales, debt lists, cash, clean bags, weapons, or other conventional markers of resale.
The accused was convicted on simple possession and acquitted on possession for the purpose of trafficking.
