Trafficable quantities and penalties
There are greater penalties if you have drugs for the purpose of "supplying" them to others. You will be presumed to be supplying a drug if you are in possession of a large quantity of a particular drug, known as the "trafficable" quantity. This offence is called "deemed supply". What quantity is considered the 'trafficable' quantity will depend on the particular drug.
Anyone found with a 'trafficable' amount is presumed to be a supplier unless they can prove otherwise, for example the drug was intended for personal use of disposal. The penalties for supply of a prohibited drug vary across the jurisdictions and you should be made aware of what they are.
For example in New South Wales trafficable quantities include:
- Cannabis – 300g
- Cocaine – 3g
- Heroin – 3g
- Amphetamines – 3g
- Ecstasy – 3g or 15 tablets
- LSD – 0.003g or 15 tablets.
Anyone found with a trafficable amount in NSW is presumed to be a supplier unless they can prove otherwise, for example the drug was intended for personal use of disposal. The maximum penalty for supply of a prohibited drug is a fine of $220,000 or imprisonment for a term of 15 years or both. These penalties can be even higher where an amount of drugs is involved that is deemed to be a "commercial quantity". Where the offence relates to cannabis plant or cannabis leaf, the maximum penalty is a fine of $220,000 or imprisonment for a term of 10 years or both.
In Victoria, trafficable quantities include:
- Cocaine (usually in synthetic form) (‘coke’; known as ‘crack’ in its base form) – 2g
- Heroin (Diacetylmorphin; known as ‘smack’) – 2g
- ‘Speed’, ‘Crank’ (amphetamine and methylamphetamine) – 2g
- Methadone (a synthetic heroin) – 2g
The possession of an amount less than the "trafficable" quantity would be a "small" quantity. This means that it will be presumed that the drug was for the person’s personal use and the penalty will be significantly smaller.
The penalties for drug trafficking (non-commercial quantities) in Victoria include a maximum of 15 years imprisonment , a fine of $15,000 or both. Trafficking to a person under the age of 18 years carries a fine of up to $250,000 , 20 years imprisonment or both.
If you are found in possession of an amount much greater than the trafficable quantity this is called a "commercial" quantity. If you are found in possession of a commercial quantity of a drug of dependence, you should immediately seek legal advice. The law in relation to this area is complicated but the penalties which apply are extremely severe.
Cannabis
The ways which possession of small amounts of cannabis is treated differs between the States and Territories. In the ACT, QLD, SA and WA, if you possess small amounts of cannabis, rather than being charged with a criminal offence, you may be issued with a fine. You may also be referred to a drug program.
Thanks to the team at Lawstuff for developing this fact sheet.
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