Drug Supply

Drug Supply​

Section 25 Drug Misuse and Trafficking Act 1985 NSW deals with the offence of drug supply while 25(A) Drug Misuse and Trafficking Act 1985 NSW deals with ongoing supply of drugs. This offence is said to have been committed where the person is in possession of a large quantity of prohibited drugs. Schedule 1 of the Drug Misuse and Trafficking Act 1985 NSW lists the prohibited drugs, the quantity which would be considered ‘small’, ‘trafficable’ etc. and the commensurate penalty.

The Drug Misuse and Trafficking Act 1985 (NSW) is the legislation that classifies a range of drugs as prohibited and creates offences for the following:

  • use of prohibited drugs
  • possession of prohibited drugs
  • supply and trafficking of prohibited drugs (with the seriousness of the offence depending on the quantities involved)
  • cultivation and possession of prohibited plants
  • manufacture of prohibited drugs
  • aiding and abetting and taking part in offences involving prohibited drugs or plants
  • possession of drug-use implements.

Cannabis, ecstasy, cocaine and heroin are some of the prohibited drugs listed under the act.

1. What does the Prosecution have to Prove?

  1. The accused supplied, or took part in the supply of, a substance.
  2. The substance was a prohibited drug, and
  3. The accused knew, or believed at the time, that the substance was a prohibited drug.

2. What is the Penalty for this Crime?

The maximum penalty for this crime is life imprisonment and/or a fine of up to $550,000.00. However, this is given only in the extreme cases. Schedule 1 of the Drug Misuse and Trafficking Act 1985 NSW lays down the penalty for the crime depending on the quantity of the prohibited drug found.

3. What are the Defences Available?

  1. The drugs were for a prescribed medical purpose,
  2. The offence was committed under duress,
  3. Non-exclusive possession of the drugs, i.e the drugs were found in a common area of a shared house,
  4. The drugs were found in an illegal search by the police,
  5. Necessity,
  6. Carey defence.

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