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May 2, 2023
In all NSW / VIC courts
Specialists in Criminal Law
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Ongoing Supply The offense of ongoing supply, as defined in section 25A of the Drug Misuse and Trafficking Act, involves the following elements:
Engaging in the supply or deemed supply of a prohibited drug is considered a more severe offence than simple drug possession, leading to significantly higher penalties. The extent of these penalties hinges on both the specific quantity and the type of prohibited substance involved.
The maximum legal consequences for these offenses are influenced by factors such as the particular drug variant and the amount in question. Below is a table that provides an overview of the penalties associated with some frequently encountered prohibited drugs:
| Quantity | Cannabis leaf | Cocaine | Heroin | MDMA
(Ecstasy) |
Penalty |
| Small | 30g | 1g | 1g | 0.25g | Local Court: 2 years imprisonment and/or a $5,500 fine.
District Court: 15 years imprisonment (10 years for cannabis) and/or a $220,000 fine. |
| Traffickable | 300g | 3g | 3g | 0.75g | Local Court: 2 years imprisonment and/or an $11,000 fine.
District Court: 15 years imprisonment (10 years for cannabis) and/or a $220,000 fine. |
| Indictable | 1kg | 5g | 5g | 1.25g | District Court: 15 years imprisonment (10 years for cannabis) and/or a $220,000 fine. |
| Commercial | 25kg | 250g | 250g | 125g | District Court: 20 years imprisonment (15 years for cannabis) and/or a $385,000 fine. |
| Large Commercial | 100kg | 1kg | 1kg | 0.5kg | District Court: Life imprisonment (20 years for cannabis) and/or a $550,000 fine. |
“Supply on an ongoing basis” typically involves more systematic or continuous drug distribution activities over an extended period, often at a higher level than a one-time supply.
Penalties for ongoing drug supply are usually more severe than for one-time supply. They may include substantial fines and lengthy prison sentences, especially for large-scale operations.
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