Drug Offences

Generally drug offences relate to possession, supply, importation, cultivation and manufacturing.

Intention is critically important to defending many drug charges.

The quantity of the drug is also critically important to the likely penalty. In most jurisdictions the quantities are referred to as marketable, traffickable and commercial. The NSW schedule is extracted below, indicating the amount of the substances required for the relevant quantity.

In relation to possession, “exclusive physical control” is required in order to be found guilty.

Proof of the knowledge of the existence of the drug is also required. Proof of the belief that drugs were present will lead to a guilty finding. However, in a shared house situation mere knowledge of the existence of drugs, the location of the drugs in the premises, and approval of the drugs being in the house will not amount to possession.

If drugs are found in a car, a passenger can not generally be found guilty of possession.

The definition of supply is very broad reaching, and means sell and distribute, and also includes agreeing to supply, or offering to supply, or keeping or having in possession for supply, or sending, forwarding, delivering or receiving for supply, or authorising, directing, causing, suffering, permitting or attempting any of those acts or things.

More Information: Drug Misuse & Trafficking Act