Supply Prohibited Drug
Supply Prohibited Drug
Supplying a prohibited drug is an offence under Section 25 of the Drug Misuse and Trafficking Act 1985 (NSW), involves selling, distributing, or possessing drugs with the intent to supply.
These serious offences carry heavy penalties. We focus on breaking down the prosecution’s case and finding opportunities to negotiate a reduced sentence or obtain not-guilty verdict and full acquittal.
What Must the Prosecution Prove?
The prosecution must prove:
- Supply: The accused took part in supplying drugs, including selling, delivering, or offering them.
- Knowledge: The accused knew or believed the substance was a prohibited drug.
- Drug: The substance was a prohibited drug as listed in Schedule 1 of the Act.
Drug Supply Penalties
Small Quantity or Less
- Local Court:
- Up to 2 years imprisonment and/or $5,500 fine
- District Court:
- Up to 15 years imprisonment and/or $220,000 fine (if not cannabis)
- Up to 10 years imprisonment and/or $220,000 fine (if cannabis)
Over Small, Less Than Indictable Quantity
- Local Court:
- Up to 2 years imprisonment and/or $11,000 fine
- District Court:
- Up to 15 years imprisonment and/or $220,000 fine (if not cannabis)
- Up to 10 years imprisonment and/or $220,000 fine (if cannabis)
Over Indictable, Less Than Commercial Quantity
- Local Court:
- Up to 2 years imprisonment and/or $11,000 fine
- District Court:
- Up to 15 years imprisonment and/or $220,000 fine (if not cannabis)
- Up to 10 years imprisonment and/or $220,000 fine (if cannabis)
Over Commercial, Less Than Large Quantity
- District Court:
- Up to 20 years imprisonment and/or $385,000 fine (if not cannabis)
- Up to 15 years imprisonment and/or $385,000 fine (if cannabis)
Large Commercial Quantity
- District Court:
- Life imprisonment and/or $550,000 fine (if not cannabis)
- 20 years imprisonment and/or $550,000 fine (if cannabis
Defences to Drug Supply
Possible defences include:
• Lack of Knowledge: The accused did not know the substance was a prohibited drug.
• No Supply: The accused did not engage in supplying the drugs.
• Duress or Necessity
Need Help with Drug Supply Charges?
Drug supply charges can result in long prison sentences and heavy fines. IMS Lawyers Australia offers experienced representation to help you through the most difficult time in your life.
Contact one of our Sydney drug lawyers today to get the help you need.
