The offence of supplying drugs is not only limited to prohibited drugs. If a person supplies poisons or restricted substances by wholesale, outside the limitations of their licence or without a licence at all, if convicted, that person may be liable to a penalty.
Such a licence authorises the holder to supply (through wholesale), poisons and restricted substances for therapeutic use in or on humans or both in or on humans or animals. There are other licences which authorise supply of poisons and restricted substances for use only with animals.
What the law states
Section 9 of the Poisons and Therapeutic Goods Act 1966 (NSW) states that:
(1) A person who supplies by wholesale any poison or restricted substance for therapeutic use, except under, and in accordance with the conditions of, a wholesaler’s licence or authority issued under the regulations is guilty of an offence.
Defences
Possible defences to this offence include but are not limited to duress and necessity.
Penalty
The maximum penalty if the offence involves a restricted substance is $2200 or 2 years imprisonment or both. In any other case, the maximum penalty is $1650 or 6 months imprisonment, or both.
How can Prime Lawyers help you?
Our criminal lawyers are experienced in representing people who have been charged with wholesale supply of certain substances for therapeutic use. We will advise you on your chances of successfully defending your matter and thus being found ‘not guilty’. If you are pleading guilty, we will represent you at court to help minimise the punishment you receive.