B.C. Man Acquitted of Drug Smuggling Due to Fentanyl Withdrawal Symptoms
A British Columbia man has been acquitted of smuggling drugs back into Canada after a judge accepted his defense that severe fentanyl withdrawal symptoms left him unaware of the substances in his luggage. The case involves a complex journey of drugs initially smuggled out of the country in a personal manner.
Court Accepts Withdrawal Defense
Daniel Jacob Cluett, 40, was found not guilty of three counts of importing controlled substances into Canada in early February following a trial in B.C. Supreme Court. Justice Andrew Majawa ruled that the Crown failed to prove Cluett knew he was bringing 8.6 grams of cocaine, 13.5 grams of MDMA, and a half-gram of methamphetamine into the country in June 2023.
The judge determined that Cluett's testimony about experiencing debilitating fentanyl withdrawal was credible enough to create reasonable doubt about his knowledge of the drugs during his return from Mexico.
Original Drug Smuggling to Mexico
Cluett testified that he was heavily addicted to fentanyl and had suffered multiple overdoses when a friend suggested traveling to Mexico to break free from the dangerous opioid. Before departing Canada, he concealed approximately $500 worth of drugs in his rectum, including a half-gram of fentanyl, 14 grams of cocaine, 14 grams of MDMA, and some cannabis.
"The extra drugs were intended to help mitigate fentanyl withdrawal symptoms, which Cluett described as the worst experience of his life," the court heard during proceedings.
Disappearance of Drugs in Mexico
During his first days in Mexico, Cluett used some of the cocaine and half the fentanyl. After a day of drinking at a beach where he believes the remaining drugs were lost, he awoke the next morning to the onset of severe withdrawal symptoms. When his friend asked about the missing drugs, Cluett said he had no knowledge of their whereabouts.
Justice Majawa noted in his decision: "Cluett testified that in hindsight he wishes he had looked harder before returning to Canada but that the fentanyl withdrawal he was experiencing affected his judgment."
Return to Canada and Legal Proceedings
Cluett spent most of his weeklong trip in bed as withdrawal symptoms gradually subsided, with only minimal activities including changing hotel rooms, eating, and one casino visit. Upon returning to Canada, border officials discovered the drugs in his suitcase during a search.
Despite Crown arguments that it was unreasonable for Cluett not to have searched more diligently for the missing drugs, the judge accepted the defendant's explanation that his withdrawal condition was dire and that he had a history of misplacing drugs. The court also considered Cluett's expectation of being searched due to his past criminal record, which included robbery and theft convictions from 2005 and subsequent breaches of court orders.
This case highlights the complex intersection of addiction, mental state, and criminal liability in drug smuggling prosecutions. The acquittal underscores how severe withdrawal symptoms can potentially affect an individual's awareness and decision-making capacity regarding controlled substances in their possession during international travel.
