What Is Trafficking
It is an offence to traffic a drug of dependence. The dealing of drugs includes:
- Manufacturing a drug for sale
- Selling or offering to sell drugs
- Buying drugs for another party
- Exchanging Drugs
Use And Possession
The most common drug offences are possession and use of drugs of dependence. Use includes injecting, smoking, inhaling and swallowing. An accused can also be charged by the police if they admit to having used a drug of dependence. Possession means physically having the drug on you, in your place of residence or in your motor vehicle.
People who are caught growing cannabis will be charged with cultivation.
The cases become more serious where the accused is caught with a sufficient quantity of a drug of dependence to be deemed to be trafficking in that drug. Alternatively, the circumstance in which a person is caught in possession of drugs can lead the police to conclude that the person is trafficking. Commonly these are that drugs are found in numerous deal bags, there are scales, amounts of cash and lists of monies owing by people. Texts requesting that the accused supply drugs are not helpful.
Trafficking does not only mean that an accused has sold a drug.
Purchasing From Friends
Accused persons are commonly charged with trafficking where they admit to purchasing drugs for themselves and other friends. It is cheaper if you pool your money, but the person who buys and provides drugs to their friends has trafficked. So has the person caught by the police who says this is not all for me, it is for my friends too.
If you are caught with a large quantity of drugs on you, there is an presumption in the legislation that you are possessing for purpose of trafficking.
The traffickable quantity varies depending on the type of drug you are caught with. Some examples are given in the table below.
The values given above are for mixed or diluted substances (not pure).
Quantities larger than those listed above can be deemed a commercial quantity, or a large commercial quantity and carry a heavier penalty.