What the law states

Section 25 of the Drug Misuse and Trafficking Act 1985 (NSW) states that:

(1) A person who supplies, or who knowingly takes part in the supply of, a prohibited drug is guilty of an offence.

(2) A person who supplies, or who knowingly takes part in the supply of, an amount of a prohibited drug which is not less than the commercial quantity applicable to the prohibited drug is guilty of an offence.

Example of this offence

A common example of this offence is supplying ecstasy pills for sale at a nightclub.

In which court will my matter be heard?

Offences including supply of prohibited drugs fall under Part 2, Division 2 of the Drug Misuse and Trafficking Act 1985 (NSW). This means that these offences are considered indictable offences, and are heard in the District or Supreme Court.

Indictable offences such as that in subsection (1) can be dealt with summarily (in the local court) unless the prosecution elects otherwise. This is possible only if the quantity of the drug is not more than the small quantity specified in Schedule 1, Column 2 of the Drug Misuse and Trafficking Act 1985 (NSW). An offence can also be dealt with summarily if the amount is not more than the indictable quantity. The quantity varies for each type of drug.

Defences

Defences to the offence of supply include duress, necessity and intoxication.

Also, those licenced or authorised under the Poisons and Therapeutic Goods Act 1966 or somebody given authority by the Director General of the Department of Health are exempt from liability, or somebody acting in accordance with directions from the Commissioner of Police with regards to the use of prohibited plants and prohibited drugs in controlled operations and integrity testing programs cannot be held liable.

Section 35A of the Drug Misuse and Trafficking Act 1985 (NSW) outlines a further defence, that it is not illegal to possess or manufacture a prohibited substance if the substance is contained in a product where the substance cannot be readily extracted, or in a product not for human consumption, or if the substance is possessed for the purpose of its disposal as waste or its destruction.

Penalties

The maximum penalties with regard to such supply offences are as follows:

-Supply: $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.

– 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 a criminal Lawyer help you?

Criminal lawyers are experienced in representing people who have been charged with supply of prohibited drugs. They 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.

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.

Author Bio: Emmanuel Apokis has many years experience in Criminal Law working with the experienced Criminal Lawyers at Prime Lawyers in Sydney.

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