Supply Prohibited Drug
The maximum penalty for supplying a prohibited drug depends on whether the prohibited drug amounts to a small, trafficable or commercial quantity, the type of prohibited drug and where it is dealt with summarily in the Local Court on Indictment in the District. The offence is set out in section 25 of the Drug Misuse and Trafficking Act 1985. The section also establishes a separate offence for supplying a prohibited drug to a person under the age of 16 years old.
Section 29 of the Drug Misuse and Trafficking Act 1985 makes it an offence to supply more than a trafficable quantity of a prohibited drug.
Penalties for Supplying a Prohibited Drug range from 2 years imprisonment and/or a fine of $5,500 to 25 years imprisonment and/or a fine of $550,000.
- For a small quantity that is less than the trafficable amount, the maximum penalty is a fine of $5,500 and/or 2 years imprisonment.
- For a quantity more than the trafficable amount and up to the indictable amount, if the matter is dealt with summarily the maximum penalty is a fine of $11,000 and/or 2 years imprisonment.
- For supply charges that are dealt with in the District Court the maximum penalty is a fine of $220,000 and/or 15 years imprisonment. If the prohibited drug is cannabis, then the maximum penalty is a fine of $220,000 and/or 10 years imprisonment.
What is Supplying a Prohibited Drug?
The legislation provides that:
(1) A person who supplies, or who knowingly takes part in the supply of, a prohibited drug is guilty of an offence.
The following acts constitute Supplying a Prohibited Drug:
- Distributing satchels containing cocaine at a party
- Driving to an agreed location to provide a person with Cannabis
- Sending a text message containing photographs of Methylamphetamine to a prospective purchaser offering to exchange the drug for $200.
What Must Be Proven?
For a person to be found guilty of Supplying a Prohibited Drug the Prosecution must prove each of the following matters beyond a reasonable doubt:
- That the accused supplied a substance,
- The supplied substance was a prohibited drug,
- That the accused knew that what was supplied was a prohibited drug.
If the Prosecution does not prove every single one of the above elements, you will be found not guilty.
Which Court Will Hear the Matter?
Schedule 1 of the Drug Misuse and Trafficking Act 1985 contains categories of drugs based on quantity. Depending on what category the drug falls into will determine whether the matter will be dealt with in the Local Court or District Court.
Possible Defences to Supplying a Prohibited Drug
The following defences may be available for a charge of Supplying a Prohibited Drug:
- Duress
- Personal Use
- The Carey Defence (momentary or transient possession)
Common Questions about Supplying a Prohibited Drug
Will I receive a criminal conviction?
A conviction and criminal record for this offence is highly likely.
In NSW, a Court can impose any of the following penalties for a charge of Supplying a Prohibited Drug:
- Gaol Sentence
- Intensive Corrections Order (ICO)
- Community Corrections Orders (CCO)
- Conditional Release Order with conviction (CRO)
- Fine
- Conditional Release Order without conviction (CRO)
- S10A
- Section 10
The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for Supplying a Prohibited Drug might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover, a conviction for drug related offending can completely rule out certain career paths.
What actions constitute supply?
Section 3 of the Act deems the following to constitute supply:
- sell and distribute
- agreeing to supply, or offering to supply, or keeping or having in possession for supply
- sending, forwarding, delivering or receiving for supply
- authorising, directing, causing, suffering, permitting or attempting any of those acts or things
What if the drug was counterfeit and not an actual drug?
Despite its true nature, the Act provides that a substance which, for the purpose of its supply, is represented as being a prohibited drug or a specified prohibited drug is deemed to be a prohibited drug or the specified prohibited drug.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
This article was written by Emily Wood-Ward
Emily Wood-Ward is a Criminal Lawyer based in Sydney bringing vast experience from working in both public and private practice. She has experience appearing and instructing counsel in the Local, District, Supreme and Coroners Courts of New South Wales. Emily has honed fierce advocacy skills from her experience working with incredibly vulnerable and disadvantaged clients whilst working for the Aboriginal...
