04.03.14
How much drugs is too much?- An article on deemed supply prohibited drug
How much drugs are you allowed to have in your possession before the law considers it as “supplying”?
Many of our clients find it surprising how little drugs you need in your possession before you are charged with possessing them for the purpose of supplying them to another.
For example, if you have more than 0.75 grams of ecstacy in your possession (which works out to be about 3 or 4 pills), the law says that you have must have them in your possession for the purpose of supply, unless you can prove that you actually were going to consume them yourself. Nowadays, as I am told, it is not uncommon for people attending music festivals and nightclubs to consume 7 to 8 tablets in one night!
So, if you are found in possession of drugs of more than the ‘traffickable quantity’ you will be charged with Supply Prohibited Drug, also known as deemed supply prohibited drug.
Here is a table listing the different amounts that apply to different drugs:
| Drug | Small Quantity | (‘Deemed’)Traffickable Quantity | Indictable Quantity | Commercial Quantity | Large Commercial Quantity |
| Amphetamine (including “Ice”) | 1 g | 3 g | 5 g | 250 g | 1 kg |
| Cannabis: | |||||
|
-Plant
|
5 | 50 | 250 | 1000 | |
|
-Leaf
|
30 g | 300 g | 1 kg | 25 kg | 100 kg |
|
-Resin
|
5 g | 30 g | 90 g | 2.5 kg | 10 kg |
|
-Oil
|
2 g | 5 g | 10 g | 500 g | 2 kg |
| Cocaine | 1 g | 3 g | 5 g | 250 g | 1 kg |
| Heroin | 1 g | 3 g | 5 g | 250 g | 1 kg |
| Ecstasy (each pill usually weighs .25g) | .25 g | .75 g | 1.25 g | 125 g | .5 kg |
| LSD | 4 DDU | 15 DDU | 25 DDU | .5 g | 2 g |
As you can see, for methamphetamine (ice), heroin and cocaine, the traffickable quantity is 3 grams.
If you genuinely have more than the traffickable quantity of the drug in your possession for your own personal use, you have the option of pleading “not guilty” to the charge of deemed supply prohibited drug, and “guilty” to Possess Prohibited Drug.
However, it is extremely important that you consult a lawyer who specialises in drug cases before you make your decision. There are many other options apart from pleading guilty or pleading not guilty, those which can get very complicated. You must have a drugs lawyer to explain them to you.
Things get more serious when you have in your possession more than the “indictable” quantity of the drug. This means that your case will be referred to the Director of Public Prosecutions, which usually means that your case will be dealt with in the District Court, rather than the Local Court. This means that the penalties that apply are much more severe.
For example, if you have more than 1.25 grams of ecstacy (about 5-6 pills) in your possession, you can be charged with Supplying those ecstacy tablets, AND the matter would be referred to the DPP and end up in the District Court, where the maximum penalty for this offence is 15 years imprisonment!
Prospects of defending a charge of “deemed supply prohibited drug” are virtually impossible when you have in your possession of more than a commercial quantity of the drug in question. Full time jail sentences are generally inevitable if you are found guilty of these types of charges.
Drug charges are considered extremely serious in our community, and taken very seriously by the courts. It is important that you contact a criminal lawyer immediately if you are charged or arrested with drugs in your possession.
More more information or to find out about case studies we have appeared in for previous clients, go to:
https://lylawyers.com.au/criminal-law/criminal-offence/drug-offences/supply-a-prohibited-drug/
If you would like to speak to one of our expert drug lawyers, call us on 1300 595 299 for a free consultation.
