Trafficking or possession for trafficking (Schedule III or V substance), Importing or exporting a Schedule III, V or VI substance

R. v. Adzich

Sentence and the Crown's position

Crown asked18 months conditional sentence1
Judge imposedConditional discharge on each count, with two consecutive 18-month probation terms (3 years) and 200 hours community service1

What the law allows

Maximum10 years
Crown asked18 months conditional sentence
Judge imposedDischarge
Defence askedDischarge
For trafficking or possession for trafficking (Schedule III or V substance) (CDSA 5(3)(b)), the Criminal Code currently allows up to 10 years when the Crown proceeds by indictment, with no mandatory minimum. Read the section.

Michael Duke Adzich pleaded guilty to importing DMT and possessing it for the purpose of trafficking, after arranging to import ayahuasca from Peru that he supplied to participants in ceremonies on his rural property. The Crown sought an 18 to 24 month conditional sentence; the defence sought a conditional discharge. Justice Arnold granted a conditional discharge on each count with two consecutive 18-month probation terms and 200 hours of community service, citing his lack of a record and finding that probation could achieve deterrence and denunciation.

In the judge's words

Our Court of Appeal has therefore confirmed that general deterrence and denunciation can be achieved by way of a period of probation when the “sword of Damocles” is hanging over an offender’s head.

1

The record

Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
Discharge1
Appeal
Not yet checked
Counsel
Crown: Glen Scheuer
Defence: Asaf Rashid

Sources

  1. R. v. Adzich, 2025 NSSC 311 Court decision, CanLII, October 16, 2025[1] … The Crown seeks an 18-24 month conditional sentence.[1] … Mr. Adzich requests a conditional discharge.[1] Michael Adzich pleaded guilty to the importation of Dimethyltryptamine (“DMT”) and to the possession for the purposes of trafficking of DMT.[31] Mr. Adzich has no criminal record.[63] Our Court of Appeal has therefore confirmed that general deterrence and denunciation can be achieved by way of a period of probation when the “sword of Damocles” is hanging over an offender’s head.[91] Mr. Adzich will receive conditional discharges in relation to both offences. The sentence will be imposed as follows: Mr. Adzich is sentenced to a conditional discharge on each count, with periods of 18 months’ probation for the importation followed by 18 months’ probation for the possession for the purposes of trafficking, for the purposes of clarity each to be served consecutively.
  2. Controlled Drugs and Substances Act, s. 6 Record, Justice Laws Website
  3. R. v. Adzich, 2025 NSSC 311 Court decision, Courts of Nova Scotia

publicly
Sentence Watch is part of Publicly: sites built from government and court records, with every fact linked to its source. Publicly is not affiliated with any government. Visits are counted with Google Analytics, which sets cookies.