Supply and Trafficking

Selling drugs

The police can charge you with a ‘serious drug offence’ if you sell illegal drugs or offer to or intend to sell them to someone else (even if you don’t go through with the actual sale).

You can also be guilty of a ‘serious drug offence’ if:

  • You get the drugs ready to be sold (e.g. by cutting them or putting them in plastic bags);
  • You arrange to meet a buyer;
  • You make drugs that you are planning to sell in the future.

If you have a large amount of drugs on you or at your place, the police will probably think that you were not going to use all the drugs yourself, and that you must have been planning to sell them to other people.

If your drugs are over a certain weight (even if you say that they were for your personal use), then the court will presume that you were supplying unless you can prove otherwise. The particular weight varies from drug to drug, for example:

  • Cannabis - 100 grams
  • Cocaine – 2 grams
  • Ecstasy (MDMA) – 2 grams
  • Heroin – 2 grams
  • LSD – 0.002 grams

So if you have these amounts or MORE, it will be assumed that you intended to sell or supply the drugs.  It is then up to you to prove to the court that you were not intending to ‘supply’ the drugs (i.e. that they were for your personal use or you obtained the drugs by medical prescription).

Basically, the more drugs the police find, the more trouble you could be in.

You could face a $100,000 fine or up to 25 years in jail or both if you are convicted of any of these offences.  If you are caught with only cannabis, the maximum penalty is $20,000 or 10 years jail.

Drug Trafficking

The Court can declare you to be a “drug trafficker” if:

  • You are convicted of 3 or more serious drug offences, even if some of those offences occurred in another state;
  • You are convicted of a serious drug offence where the amount of drugs involved was over a certain weight (eg 3kg of cannabis, 28 grams of cocaine, 0.01 gram LSD, 28 grams of Ecstasy (MDMA)).
  • Being declared a “drug trafficker” is very serious.  It means that:
  • All of your property can be permanently taken away by police, including any property which you have given away to other people; 
  • If you talk on a regular basis to another person who you have been warned by police is a “drug trafficker”, you could be up for 2 years in jail or a $24,000 fine (unless the other person is a relative).
Last updated 5th January 2010

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