DRUG OFFENCES

Trafficking a Drug of Dependence or Commercial Quantity of a Drug of Dependence.

The Drugs Poisons and Controlled Substances Act 1981 (Vic) criminalises the trafficking of illicit drugs.

Section 70(1) defines trafficking as:

Preparing a drug of dependence for trafficking;
Manufacturing a drug of dependence; or
Selling, exchanging, agreeing to sell, offering for sale or having in possession for sale, a drug of dependence.

At the lower end of seriousness is possession of a traffickable quantity of drugs which is considered prima facie trafficking. Trafficking in a drug of dependence under section 71AC is commonly heard in the Magistrates’ Court,

At the higher end of seriousness is trafficking in a commercial quantity of drugs under section 71AA of the Act; or a large commercial quantity under section 71. This offence is heard in the County Court.

PROOF, PENALTIES & DEFENCES.

Trafficking A Drug Of Dependence.

The prosecutor has to prove that you attempted or actually trafficked (preparing, manufacturing, exchanging, selling, giving away, possessing a traffickable quantity, or possessing a drug for sale) the drug.

Defences:

The substance wasn’t a drug of dependence;
You didn’t know the substance was a drug of dependence;
You didn’t traffick the drug of dependence;
You had a traffickable quantity of drugs, but it was for personal use.

Penalties: Maximum 15 years jail.

Trafficking a Commercial Quantity of a Drug of Dependence.

The prosecutor has to prove that you attempted or actually trafficked (preparing, manufacturing, exchanging, selling, possessing a traffickable quantity, or possessing a drug for sale) the drug; and that the quantity of drugs was a commercial quantity.

Defences:

The substance wasn’t a drug of dependence;
You didn’t know the substance was a drug of dependence;
You didn’t traffick the drug of dependence;
You had a traffickable quantity of drugs, but it was for personal use;
That it wasn’t a commercial quantity of drugs;
That you were not aware of it being a commercial quantity of drugs.

Penalties:

Maximum 25 years jail for a commercial quantity;
Maximum life imprisonment and fine of $930,000 (5000pu) for a large commercial quantity.

CLIENTS WE’VE HELPED FOR THIS CHARGE.

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