Have you been charged with a drug offence?

There are a number of potential implications of having a drug conviction on your record. A conviction can affect your ability to gain employment in certain fields or travel to certain countries. Depending on the offence it might represent a breach of your current employment contract meaning your employment may be terminated.

Drug offences are dealt with under the Drug Misuse and Trafficking Act.

This act is very complex and covers all drug offences from minor offences such as a person caught in the possession of one pill (a small quantity) to large scale drug trafficking.

The penalties under the act increase as the quantity of drug increases. There is a table of drugs in the act which states what amount represents a small quantity, a trafficable quantity, a indictable quantity, a commercial quantity and a large commercial quantity.

All these charges are serious and this is why the maximum penalty for Possess a small quantity of Prohibited drug is two years imprisonment.

Often people do not appreciate the seriousness of these charges. For each drug if you are found with more than the trafficable quantity you are “deemed” to be supplying the drug. For the prosecution to prove this offence they only need to prove that you had in your possession a quantity equal to or greater than the trafficable quantity and not that you were selling or giving it to others.

Depending on the quantity and type of drug, your matter will be dealt with in either the Local or the District Court.

If dealt with in the Local Court the maximum penalty for deemed Supply is a fine of $11,000 or two years imprisonment or both (provided the quantity is less than the indictable quantity). If dealt with in the District Court the maximum penalty for deemed Supply is a fine of $220,000 or imprisonment of 15 years or both.”

Often there is not a huge difference between a small quantity of drug and the trafficable amount which would have you deemed to be supplying. For example, a small quantity of ecstasy is 0.25 grams whereas a trafficable quantity is 0.75 grams.

You should therefore obtain legal representation to assist you with your matter. I have extensive experience in this area so give me a call and I can assist you.