Depending on how much drugs it is alleged that you supplied, Supply prohibited drug offences can be considered as not so serious to extremely serious, with potentially lengthly jail terms if found guilty.
The legal definition of ‘Supply’ is a very broad one. There are many ‘extended definitions’ of ‘supplying’, all of which cannot be described on just this page. It is important that you consult one of our drugs lawyers for advice on whether you can fight a charge of Supply Prohibited Drug.
If you are found in possession of drugs of more than the ‘traffickable quantity’ you will be charged with Supply Prohibited Drug, also known as ‘deemed supply’. This is because the law says that you had too much of the drug in your possession for your own personal use. You will be surprised how little the ‘traffickable quantity’ is for many types of drugs.
Here is a table listing the different amounts that apply to different drugs:
|Drug||Small Quantity||(‘Deemed’) Traffickable Quantity||Indictable Quantity||Commercial Quantity||Large Commercial Quantity|
|Amphetamine (including “Ice”)||1 g||3 g||5 g||250 g||1 kg|
|30 g||300 g||1 kg||25 kg||100 kg|
|5 g||30 g||90 g||2.5 kg||10 kg|
|2 g||5 g||10 g||500 g||2 kg|
|Cocaine||1 g||3 g||5 g||250 g||1 kg|
|Heroin||1 g||3 g||5 g||250 g||1 kg|
|Ecstasy (each pill usually weighs .25g)||.25 g||.75 g||1.25 g||125 g||.5 kg|
|LSD||4 DDU||15 DDU||25 DDU||.5 g||2 g|
The penalties for supply prohibited drug offences can range from section 10 (no conviction) good behavior bonds, to life imprisonment!
Plead not guilty:
In order to be convicted of supply prohibited drug, the police must prove beyond a reasonable doubt that:
- You supplied or knowingly took part in the supply of;
- A prohibited drug.
The police must also prove the weight of the drugs when applicable. For example, where the prohibited drug is not less than a commercial quantity then the weight of the drug being not less than a commercial quantity is an additional element the prosecution must prove beyond reasonable doubt.
If any of the above elements cannot be proven beyond reasonable doubt, then you will be found not guilty of the offence.
Our experienced drugs lawyers will advise you of your prospects of successfully defending any charge brought against you and fight to have you found not guilty of the offence.
If you agree with what the police are alleging against you, the way to get the best result is often to plead guilty as it demonstrates remorse and contrition as well as meaning that you will be entitled to a discount on your sentence.
The maximum penalty for Supply a prohibited drug varies depending on the weight and type of the prohibited drug. The maximum penalties range from a fine of $5,500.00 and/or 2 years imprisonment to life imprisonment. Supplying a prohibited drug is often considered a very serious offence. If you are charged with this offence, we advise that you contact one of our solicitors immediately.
What are the penalties for Supply Prohibited Drug?
Generally, penalties that a court can impose for any criminal offence in NSW are: