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You are likely to be charged with trafficking of controlled drugs if you possess drugs with the intention of selling them or to take part in that process. Of course, if you actually sell them the case may be easier to prove.

However, if you possess more than the prescribed amount, then you are deemed to be in possession of a trafficable quantity. In that case, it is presumed, in the absence of proof to the contrary, that you had the intention and belief to sell them or possess them for sale. In other words, if you have possession of a trafficable quantity then you have to prove you did not have them for sale or did not intend to sell them or take part in any sale.

We at Woods & Co Lawyers are Criminal Law specialists and can assist you in this regard.

Penalties for trafficking controlled drugs are very severe. Even for trafficking a small quantity, the maximum penalty is 10 years in jail or a $50,000 fine. If you have commercial quantities or large commercial quantities, as defined by the Act, then penalties of up to life imprisonment are available for serious cases. In many cases, a suspended sentence is not able to be given by the court even for a first offender unless certain circumstances are met.

By way of example, 250gms of cannabis or more is considered a trafficable quantity. In addition, 2kg of cannabis is considered a large commercial quantity and if convicted a court must impose immediate imprisonment, unless exceptional circumstances are made out.

If the cannabis has been freshly harvested it may still be wet and places and offender in a higher range.

In addition 2 gms of amphetamine or 2 gms of cocaine amount to a trafficable quantity These amounts include the final mixed product and it doesn’t need to be pure.

We point out that you can be charged with trafficking for having less than a trafficable amount if there is other evidence to support the charge.

Further, social supply to your friends without financial reward is also considered trafficking. I

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