Supply Prohibited Drugs charges can be considered very serious by the court in NSW. With the increase in problematic methamphetamine (“ice”) use in Sydney, there have been an increasing number of arrests in NSW for drug supply, and particularly for the supply of methamphetamine.
If you have been charged with a supply drugs charge, it is important that you know your rights and possible defences to the charge.
How to defend Supply Drugs charges when there is more than the trafficable quantity (deemed supply)
If you have been arrested and the Police allege that you had in your possession more than the “trafficable quantity” of any prohibited drug, you will almost always be charged with Supply Prohibited Drug. This means that the law assumes that you carried too much of that drug for personal use, and that therefore you were selling it to others.
As an example, the trafficable quantities of some drugs are:
Methamphetamine – 3 grams or more
Heroin – 3 grams or more
Cocaine – 3 grams or more
Ecstasy – 0.75 grams or more (about 3 or 4 pills)
Cannabis – 300 grams or more
You can view a comprehensive list of trafficable quantities here and view case studies in the supply prohibited drug charge in which we have successfully represented our clients.
“The drugs were for my own personal use” defence
A common way to defend “deemed” supply drugs charges is to argue that the drugs were in your possession for your own personal use. You would have to prove to the court on the balance of probabilities that it was for your own personal use. If successful, you will be charged with “possess prohibited drug”, a much less serious crime.
You can learn more about the charge of possess prohibited drug here and view case studies where we have successfully defended others charged with possess prohibited drug.
“The drugs weren’t mine” defence
When drugs are found in a house, a car, or in any common area that other people may occupy, it is often difficult to prove beyond reasonable doubt that the drugs belonged to a certain person. The prosecution must prove “exclusive possession”; that you possessed the drugs to the exclusion of all others. Alternatively, the prosecution must prove “joint possession”; that you jointly possessed the drugs with others.
The “Carey” defence (holding the drugs for someone else)
This defence is possible when you admit to having possession of the drugs, but not with the intention of supplying it to another, but with the intention to returning them to another. According to law, this is not considered as supplying a prohibited drug. This is another example of a defense that is available to you if you have been charged with Supply Prohibited Drug.
The definition of “supply” can get quite complicated, and has many meanings according to law. If you have been charged with any supply prohibited drug offence it is extremely important that you contact a Criminal Defence Lawyer immediately.