A person who traffics a controlled drug or plant is guilty of an offence. Controlled drugs include but are not limited to substances such as ecstasy, cocaine, and heroine.
Furthermore it is an offence to traffic controlled drugs or plants in a prescribed area (such as licensed premises or public areas (e.g., festivals)).
The penalty structure will depend on the quantity of the drug.
The penalties depend on the amount of the controlled drug found:-
- Large Commercial quantity: $500,000 or imprisonment for life or both
- Commercial quantity: $200,000 or imprisonment for 25 years or both
- Less than commercial quantity: $50,000 or imprisonment for 10 years or both
- Traffic in a prescribed area: $75,000 or imprisonment for 15 years or both
It may be a defence to the charge that you:
- were under duress;
- have a factual dispute;
- had a lack of intention;
- Identification dispute;
- Didn’t have possession; or
- Suffer from a mental impairment.
The police must prove that you:
- sold the drug; or
- had possession of the drug with the intention to sell; or
- took part in the process of sale.
There are two elements to prove possession:
- being in physical control of the drug, and
- knowledge (or intention) of having the drug.
There needs to be either the act of selling or taking part in selling or possession with the intention to sell.