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Right from the start, it is important you receive expert legal advice to avoid a guilty finding, which can lead to undesirable long-term issues for your future housing and employment opportunities, as well as the social impact on your reputation and relationships with friends and family.

During the period of 2015 to 2016, according to the Australian Criminal Intelligence Commission, more than $1.81 billion of illicit drugs were seized. Drug trafficking is defined broadly and can include dealing, manufacturing or possession of a drug of dependence. The choice of pleading guilty or contesting a drug charge is an important one and following your free initial consultation with one of our criminal lawyers, we can provide you with our view of what option is in your best interests. We are expert drug trafficking lawyers Melbourne.

How many grams must I be carrying before I can be charged with drug trafficking?

The quantity of the drug that you are caught with, and your age, has have implications on the possible sentence that you may be facing. The larger the quantity, the higher the penalty you may face. For example, if you are found guilty of trafficking a drug of dependence in large quantities, you are liable to 15 years in prison.The amount of each drug is dependent on the drug itself. These are the minimum amounts:

  • Cannabis: 100 grams.
  • Cocaine: 2 grams.
  • Ecstasy MDMA): 2 grams.
  • Heroin: 2 grams.
  • LSD: 0.002 grams.
A drug of dependence is defined In Section 4 of the Drugs, Poisons and Controlled Substances Act (1981), to include heroin, cannabis, cocaine, ecstasy, amphetamine, steroids, LSD, methamphetamines, ICE, and ketamine.

Drug quantities and relevant penalties

There are three stages of quantity that are taken into consideration when fines and the term of imprisonment are decided:

  • Large commercial quantities: Maximum $500 000 and/or life imprisonment.
  • Commercial quantities: Maximum $250 000 and/or 25 years imprisonment.
  • Less than commercial quantities: Maximum $50 000 and/or 10 years imprisonment.

It is an offence to traffic drugs in a prescribed area, such as licenced premises, including hotels, restaurants, entertainment venues and casinos. Further, it is an offence to sell drugs in a school zone, which extends to 500m of the boundary of a primary or secondary school.

How can I be charged with trafficking?

If you are in possession of a large quantity of drugs of dependence with the intention to sell them, prepare or make a drug with the intention to sell them,move the drugs with the intention to sell them, conceal drugs with the intention of selling them, or are caught buying drugs for another person, you may be charged with trafficking.

You can be declared as a drug trafficker if you have been convicted 2 or more times on a serious drug charge, or if the drug conviction involved drugs over a certain weight. If you are found to be a drug trafficker, you could lose any property you own.

How can I be convicted?

In order to be convicted, according to section 71AC of the Drugs, Poisons and Controlled Substances Act (1981), the prosecution must be able to prove:

  • the trafficking or attempted trafficking was intentional, and
  • the drug was a drug of dependence.

If you are charged with drug trafficking, our criminal lawyers may be able to help you successfully avoid jail terms. A Community Correction Order is the most common sentence imposed when an individual has been found guilty of drug trafficking in Victoria. A Community Correction Order gives you the opportunity to rehabilitate and engage in community service to avoid going to jail. We are expert drug trafficking lawyers.

What are my defences?

Possible defences to a drug trafficking charge include:

  • were under duress;
  • have a factual dispute;
  • had a lack of intention;
  • Identification dispute;
  • Didn’t have possession; or
  • Suffer from a mental impairment.

With extensive experience in drug-related matters, our team headed by the Principal, Glenn Thexton a Specialist in Criminal law has the experience, knowledge and resources to fight to protect your rights. We are expert drug trafficking lawyers.

The Controlled Substances Act 1984 (SA) regulates the manufacture, production, sale, supply, possession, handling or use of certain poisons, drugs, therapeutic and other substances. In Section 4 of the Drugs, Poisons and Controlled Substances Act (1981), a drug of dependence includes heroin, cannabis, cocaine, ecstasy, amphetamine, steroids, LSD, methamphetamines, ICE, ketamine etc.

FREQUENTLY ASKED QUESTIONS

Our criminal law specialist, Glenn Thexton, provides answers
to your common criminal law questions:

Protect Your Rights In Drug Trafficking Matters

Contact us now for your Obligation-Free case review