Drug trafficking and possession
What is drug trafficking?
Generally speaking, drug trafficking is the sale, possession for sale, or manufacture of a ‘drug of dependence’. A drug of dependence includes drugs such as marijuana, methamphetamines (ice), heroin, cocaine, and ecstasy. It also includes steroids and prescription medication.
What are the penalties for drug trafficking and possession?
The penalties will depend on the amount of drugs found. They will also depend on whether the offender is selling the drugs or has them for personal use only. Possession of small amounts of drugs for personal use is usually punished by a good behaviour bond, a fine, or a community corrections order. Trafficking, and possession of large amounts of drugs, are often punished by a prison sentence.
The police caught me with some drugs, and now they have charged me with trafficking.
But I wasn’t trafficking. What should I do?
The law says that if you are found in possession of a ‘trafficable quantity’ of drugs, it is presumed that you are trafficking, even if there is no other evidence to show that you were selling the drugs. The trafficable quantity varies, depending on the type of drug. For example the trafficable quantity for marijuana is 250 grams, or 10 plants. The trafficable quantity for methamphetamines (ice) is 3 grams. If the police find you in possession of a trafficable quantity of drugs, they will usually charge you with trafficking, even if you have not sold the drugs. It is then up to you to prove that the drugs were for personal use. This can be difficult and it is advisable to have legal representation. Call our experienced criminal lawyers today for advice.
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