The Drug Misuse and Trafficking Act 1985 (NSW) outlines criminal offenses related to the supply of prohibited drugs. Under Section 25, supplying or knowingly participating in the supply of a substance listed in Schedule 1 is considered a criminal offense. The penalties for this offense vary based on the specific drug and quantity involved. The Act details penalties for different quantity classifications, including traffickable, indictable, commercial, and large commercial amounts. The most severe penalty is a maximum fine of $550,000 and/or life imprisonment.

 

To fully understand the implications of drug supply charges, it is important to grasp how the police and courts determine the appropriate penalty based on these drug quantity classifications.

What Constitutes a Drug Supply Offence in New South Wales?

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Small Quantity: A small quantity of illicit substances is typically the least serious drug charge. If found with a small amount of prohibited drugs (e.g., 30g of cannabis leaf, 1g of cocaine, or 1g of ice), a person is usually charged with the less severe offence of ‘drug possession.’

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Traffickable Quantity: According to the Drug Misuse and Trafficking Act 1985, possession of a ‘traffickable quantity’ of drugs can lead to supply charges. Examples include 300g of cannabis leaf, 3g of cocaine, or 3g of ice. If found with more than the traffickable quantity, the police may charge an individual with a “deemed” supply charge, which carries higher penalties than small quantity charges.

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Indictable Quantity: The Act specifies quantities of illicit drugs that are considered ‘indictable,’ deemed serious crimes, and usually handled in the District Court with significant penalties. For instance, possession of more than 1kg of cannabis leaf, 5g of cocaine, or 5g of ice is considered an indictable quantity.

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Commercial Quantities: The most serious drug supply charges relate to commercial quantities of illicit substances. As per the Act, 25kg of cannabis leaf, 250g of cocaine, or 250g of ice are classified as commercial quantities. Meanwhile, 100kg of cannabis leaf, 1kg of cocaine, or 500g of ice are defined as large commercial quantities, attracting the most significant penalties.

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To secure a conviction for drug supply, the prosecution must prove beyond reasonable doubt that an individual was involved in the sale and distribution of drugs, including agreeing to supply or offering to supply prohibited drugs, as well as possessing drugs for supply. An individual can also be charged if it is proven they were involved in sending, forwarding, delivering, receiving, or directing the supply.

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Penalties for Drug Supply Offences

Penalties for drug supply offences vary widely based on the quantity found. The court will also consider past criminal history and the circumstances surrounding the charge to determine the appropriate sentence. The most severe penalty for drug possession, reserved for large commercial quantities, is a maximum fine of $550,000 and/or life imprisonment.

Traffickable Quantity: The maximum penalty for supplying traffickable quantities is $11,000 and/or 2 years imprisonment.

Indictable Quantity: For supplying indictable quantities, the maximum penalty in the District Court is $220,000 and/or 15 years imprisonment. In the Local Court, the maximum penalty is an $11,000 fine and/or 2 years imprisonment.

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Commercial Quantity: The penalty for supplying commercial quantities of prohibited substances is a maximum of $385,000 and/or 20 years imprisonment.

Large Commercial Quantity: The most severe penalty for supplying large commercial quantities of illegal drugs is a fine of up to $550,000 and/or life imprisonment.

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The court may also impose other penalties, such as good behaviour bonds, community service orders, periodic detention, or suspended sentences. In some cases, matters may be resolved with a Section 10 dismissal, where no penalty or conviction is imposed, as argued by expert criminal defence lawyers.

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