Drug importation, supply, possession and manufacture
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Drug importation, supply, possession and manufacture
What is a drug charge?
A drug charge alleges that you have contravened the Drug Misuse and Trafficking Act 1985 (‘the Act’). The Act forbids cultivating, producing, possessing, supplying, and using particular drugs.
Our specialist drug lawyers at the Australian Legal Practice are experienced with all kinds of drug offences including the three most common drug related charges:
- Drug use
- Drug possession
- Drug supply and trafficking
The maximum penalty for these offences increases depending on the quantity of the drug. Schedule 1 of the Act categorises prohibited drugs as being of a small quantity, trafficable quantity, indictable quantity, commercial quantity, or large quantity.
Below is a table with the types of drug offences you may be charged with and their maximum penalties.
| Offence | Drug Misuse and Trafficking Act 1985 | Penalty |
|---|---|---|
| Cultivate or supply prohibited plants (cannabis) | s23 | 10 years and/or 2,000 penalty units |
| Cultivate or supply prohibited plants (other than cannabis) | s32(1) | 15 years and/or 2,000 penalty units |
| Manufacture and production of prohibited drug (less than commercial quantity) | s24(1) | 15 years and/or 2,000 penalty units |
| Manufacture and production of prohibited drug (commercial quantity or higher) | s24(2) | 20 years and/or 3,500 penalty units |
| Supply of prohibited drug (cannabis) | s25(1) | 10 years and/or 2000 penalty units |
| Supply of prohibited drug (other than cannabis) | s32(1) | 15 years and/or 2000 penalty units |
What are defences to a drug charge?
On a case-by-case basis, our criminal lawyers at the Australia Legal Practice may be able to defend your drug charge if:
For example,
- Personal Use – The drugs were for personal use only. Section 29 of the Act notes that a person can be charged with deemed supply if they are in possession a trafficable quantity. Yet, you will not be guilty of deemed supply if it is proven that the drugs were of a smaller quantity and for personal use only.
- Police cannot prove possession – The police cannot prove that you knew about the drugs on your person or property. Meaning, the police won’t be able to satisfy their burden of proof and cannot prove possession.
- Duress – The threats of another party forced you to act in a certain way, equating to duress.
Options when charged with a drug offence
Subject to your circumstances, you may choose either to:
- Plead guilty – Admit to committing the offence and breaking the law
- Plead not guilty – Deny committing the offence and breaking the law
If you decide to plead not guilty, our experienced criminal lawyers will vehemently protect your rights so that you get the best possible defence.
The best way to get off a drug charge is to contact our experienced criminal lawyers. Our solicitors at the Australian Legal Practice have extensive experience and specialise in drug related offences. We provide tailored advice and are armed with the right knowledge to fight your case.
If your matter is urgent, call (02) 8084 9929 today to arrange a free initial consultation.
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