What the law states
Different types of prohibited drugs are assigned different traffickable quantities. The traffickable quantity of each prohibited drug is listed in Schedule 1 of the Drug Misuse and Trafficking Act 1985 (NSW).
Under section 29 of the Drug Misuse and Trafficking Act 1985 (NSW), anybody in possession of an amount of a prohibited drug which exceeds the amount listed in Schedule 1 of the Drug Misuse and Trafficking Act 1985 (NSW) shall be deemed to have the prohibited drug in their possession for the purpose of supply.
For an indication of the traffickable quantities of the most common prohibited drugs, click here.
Defences
Defences to this offence include duress and necessity.
Exceptions to the rule of deemed supply include if:
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The person proves that he or she had the prohibited drug in his or her possession otherwise than for supply, or
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Except where the prohibited drug is prepared opium, cannabis leaf, cannabis oil, cannabis resin, heroin or 6-monoacetylmorphine or any other acetylated derivatives of morphine, the person proves that he or she obtained possession of the prohibited drug on and in accordance with the prescription of a medical practitioner, nurse practitioner, midwife practitioner, dentist or veterinary practitioner.
Penalties
The maximum penalties for this offence are the same as those for supply. These are:
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Supply less than a commercial quantity: $220,000 fine or 15 years imprisonment or both. If the prohibited drug is cannabis, then the fine is $220,000 or 10 years imprisonment or both.
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Supply of a prohibited drug not less than a commercial quantity: $385,000, or 20 years imprisonment, or both. If the prohibited drug is cannabis, then the fine is $385,000 or 15 years imprisonment or both.
How can Prime Lawyers help you?
Possession of a traffickable quantity of prohibited drugs deemed for supply is a serious offence. It is important that if you seek legal representation if you are charged with this offence. The criminal lawyers at Prime are experienced in dealing with drug-related offences and can assist you with your matter.
If the Police’s case is weak against you, it may be possible to write to them and have them withdraw the charges against you. There are severe imprisonment terms which can be ordered by the Court and thus it is important that you seek advice from a criminal lawyer. We will fight vigorously to protect your rights.