Criminal Law: Drugs - Guides
Drugs
5. Trafficking Drugs
Firm / Chambers:
Last updated: 21 Jul 2015
- Trafficking includes taking part in the supply, cultivation or manufacture of a prohibited drug or plant.
- You are trafficking an illegal drug if you:
- participate in any step in the process of manufacture, cultivation or supply;
- cause such a step to be taken;
- provide or arrange finance for such a step;
- provide the premises in which such a step is taken; or
- allow such a step to be taken in premises owned, leased, occupied or managed by you.
- Some examples of taking part include making phone calls to arrange meetings or allowing others to use your house for a meeting where the supply of prohibited drugs is disorganised or agreed upon.
- Trafficking prohibited drugs includes agreeing to supply or having drugs in your possession for the purpose of supply. It also includes not only selling or simply giving the drugs away.
- Possession of a large quantity of drugs is presumed to be for the purposes of trafficking.
- You can even be charged with trafficking if you intended to sell just a small quantity of the drugs found in your possession.
- You are also guilty of trafficking if you agree to supply a drug to someone else even though you have no intention of going through with the transaction.
- The larger the amounts of drugs involved the higher the penalties will be.
- Cultivation of an illegal plant includes:
- germinating a seed;
- planting;
- tending;
- nurturing;
- harvesting;
- watering;
- shading from the sun; and
- picking off the heads.
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