If you are found to have a certain quantity of prohibited drug in your possession, or even dealings with a certain quantity of prohibited drug, then you may be charged with the offence of Supply a Prohibited Drug rather than just possession.
There are different maximum penalties depending on how much of the drug you have supplied. For example, the maximum penalties for some supply charges include:
- Supply a prohibited drug (non cannabis): 15 years imprisonment and 2,000 penalty unit fine;
- Supply a prohibited drug (cannabis): 10 years imprisonment and 2,000 penalty unit fine;
- Supply a commercial quantity of a prohibited drug (non cannabis): 20 years imprisonment and 3,500 penalty unit fine;
- Supply a commercial quantity of a prohibited drug (cannabis): 15 years imprisonment and 3,500 penalty unit fine;
- Supply a prohibited drug on an ongoing basis (ie more than 3 separate occasions): 20 years imprisonment and 3,500 penalty unit fine.
As each type of drug has a different amount which determines whether it is simple supply or a commercial quantity of supply, it is best to seek out legal advice regarding the possible penalties and if it has been charged correctly.
In order for the police to prove that you took part in the supply of a drug they need to establish:
1. That the drug is a prohibited drug;
2. That you supplied or knowingly took part in the supply of the prohibited drug.
It is important to note that you do not have to be the person receiving payment for the supply of the drugs to be charged with this offence. Supply includes selling and distributing, keeping or having the drug in your possession to supply later, agreeing to sell or distribute, delivering or receiving drugs meant for supply, or authorising, directing, causing, permitting or attempting any of these things.
As the definition of supply is so broad it is best to seek out legal advice in relation to whether your actions actually do equal supply of prohibited drugs. Importantly the supply does not have to have taken place, only an agreement for it to be undertaken reached, for you to be charged with this offence.
Please note the answers provided are for your general information only and we ask you to call our office on 1800 650 656 to obtain detailed legal advice for your individual situation.
Alice Cheek | Criminal Law Solicitor