Criminal Law

Drug Related Offences

Under current legislation it is an offence to import or export controlled drugs or plants, or to be in possession of illegally imported drugs or plants, or reasonably suspected of being illegally imported. In the case of importation there must be proof of intention to import, so there has to be knowledge of the drugs. Intention to import can include the awareness that what was being imported contained narcotics. Under Commonwealth Legislation penalties are severe, particularly If the quantity of drugs is considered to be a marketable quantity..

The Commonwealth Criminal Code contains a schedule of penalties for the importation of particular drugs including amphetamines, cannabis, cannabis resin, cocaine, heroin, LSD and ecstasy. Focus is mainly on importation of quantities of illegal drugs which are considered to be trafficable, marketable or in commercial quantities.

Supplying an illegal drug includes buying an illegal drug with pooled money, and then dividing the substance. Providing illegal drugs by mail order is considered to be supplying.

The manufacture or production of a prohibited drug is also an offence and many cases focus on possession, as well as the supply of a prohibited substance. Severe penalties may be imposed if manufacture or production of illegal drugs is established, particularly where it is found that a person supplies more than a large commercial quantity of prohibited drugs.

Speak with us if you need assistance and advice with any drug related offence.