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Supplying prohibited drugs constitutes a significant drug-related offense, treated with utmost seriousness by the legal system, as evidenced in the drug supply sentencing guidelines. Within the framework of the Drug Misuse and Trafficking Act 1985 (NSW), three prevalent drug supply offenses are outlined:

    • 1.Supply Prohibited Drug.
    • 2.Deemed Supply.
    3.Ongoing Supply.
Supply Prohibited Drug Supplying a prohibited drug to another person constitutes a criminal offence under section 25(1) or (2) of the Drug Misuse and Trafficking Act. The charge of "supply prohibited drug" is applicable when an individual supplied or knowingly participates in supplying a prohibited drug to another person. The definition of "supply" is expansive and encompasses various actions under section 3 of the Act, including but not limited to:
  • Selling and distributing
  • Agreeing to supply.
  • Offering to supply.
  • Possessing with intent to supply.
  • Sending, forwarding, delivering, or receiving with the intent to supply.
  • Authorising, directing, causing, suffering, permitting or attempting any of the aforementioned acts.
Prohibited drugs are listed within Schedule 1 of the Act. It's crucial to recognise that even actions like sharing drugs with a friend fall within the purview of "supply," highlighting the comprehensive scope of this offence. Deemed supply An individual is assumed, or "deemed," to be engaging in the act of supplying a prohibited drug if they possess a certain quantity of the substance. This is defined by section 29 of the Drug Misuse and Trafficking Act. Under this section, the prosecution does not have to prove intent to supply. However, the accused cannot be convicted of this offence if they prove that, on the balance of probabilities, the drugs were for personal use. What is a traffickable quantity? A "traffickable quantity" refers to the minimum amount of a prohibited drug that signifies an intention to engage in drug trafficking or supply. This quantity varies depending on the type of drug and is defined by law. It acts as a threshold to distinguish between personal use and more serious offences like drug distribution.
Prohibited Drug Cannabis leaf Cocaine Heroin MDMA(Ecstasy) LSD
Traffickable Quantity 300g 3g 3g 0.75g 0.003 grams (15 tabs)
A "traffickable quantity" of a prohibited drug refers to an amount that goes beyond what is typically considered suitable for personal use, even if the quantity may be quite small. This helps distinguish between individual consumption and potential drug distribution. For instance, let's take the example of MDMA. A trafficable amount, such as 0.75 grams, is usually equivalent to no more than about 2 tablets or capsules. However, many users may consume more, sometimes exceeding 3 tablets in a single night or purchasing larger quantities for cost savings. Unfortunately, some users might not be aware that under the law, possessing such amounts could lead to being regarded as a supplier. In essence, the specific quantities can vary based on the type of drug and the laws in place within a particular jurisdiction which would differentiate it from being a traffickable quantity.

Frequently Asked Questions

Click on the options below to learn the answers to frequently asked questions about Supply prohibited drug.

Supply involves providing or transferring a prohibited drug to another person, whether for money, goods, or any other consideration. Possession, on the other hand, is simply having physical control over the drug.

Penalties for drug supply in NSW depend on factors like the type and quantity of drugs involved, as well as whether the offence is categorised as small, indictable, or commercial supply. Penalties can range from fines to lengthy imprisonment.

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