Have you been charged with Trafficking a Drug/s of Dependence in a Commercial Quantity?
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What does it mean to be charged with Trafficking a Commercial Quantity Drug of Dependence?
Being charged with trafficking a commercial quantity of a drug of dependence under Section 71AA of the Drugs, Poisons and Controlled Substances Act (“DPCSA”) means that an individual is accused of engaging in the illegal distribution or sale of a significant amount of a controlled substance without proper authorisation or licensing.
Key considerations of Section 71AA:
-
- Unauthorised Trafficking: The law requires that the individual is not authorised or licensed under relevant legislation, including the Voluntary Assisted Dying Act, to engage in trafficking activities.
- Commercial Quantity: The charge specifically refers to trafficking a quantity of drugs that meets or exceeds the defined “commercial quantity” for that substance. This implies that the amount involved is substantial enough to suggest an intent to distribute rather than for personal use.
What constitutes a Drug of Dependency?
This category according to section 4 of the DPCSA includes substances such as heroin, cannabis, cocaine, ecstasy, amphetamines, steroids, LSD, methamphetamines, ICE, and ketamine.
This is a non-exhaustive list, for more information please see the DPCSA Section 4.
What constitutes a Commercial Quantity?
“Commercial quantity” is defined in section 70(1) as:
- The quantity of drugs or the number of plants specified in column 2 of Parts 1, 2, and 3 of Schedule Eleven.
- If the drug is contained in or mixed with another substance, the quantity of the mixture specified in column 2A of Part 3 of Schedule Eleven.
| Drug | Commercial Quantity | Commercial Quantity Mixed | Large Commercial Quantity | Large Commercial Quantity Mixed |
| Amphetamine | 100.0g | 500.0g | 750.0g | 1kg |
| Cocaine | 250.0g | 500.0g | 750.0g | 1kg |
| Diacetylmorphine (Heroin) | 50.0g | 250.0g | 500.0g | 750.0g |
| Lysergic acid diethylamide (LSD) | 50.0g |
| 150.0mg |
|
| 3,4 -Methylenedioxy-N- Methylamphetamine (MDMA or ecstacy)
|
100g |
500g |
750.0g |
1kg |
| Gamma Butyrolactone (GHB) |
| 2.0kg |
| 20kg |
| Ketamine | 100.0g | 500.0g | 750.0g | 1.0kg |
| Cannabis | 25.0kg or 100 plants |
| 250kg or 1000 plants |
|
It’s important to know these amounts are subject to change, and that is why it is vital to seek expert advice from the lawyer at MK Law in order to proceed with the most up-to-date information ready to defend your case.
What does the prosecution have to prove?
The prosecution must establish the following:
-
- You intentionally trafficked or attempted to traffic a specific substance.
- The substance in question was a drug of dependence, as defined in Section 4 of the DPCSA.
- You intentionally trafficked or attempted to traffic a quantity of drugs that met or exceeded the threshold for a commercial quantity.
Penalties for Trafficking a Commercial Quantity of a Drug of Dependence:
The maximum penalty is level 1 imprisonment being life and a fine of 5000 penalty units.
Where will my case be heard?
Charges of trafficking in a drug or drugs of dependence at a commercial quantity will be heard in either the County Court or the Supreme Court of Victoria.
Factors and Defences to consider:
Do you have authorisation or a licence to deal with a drug of dependency?
- Did you traffic the drug?
- Is this drug considered a drug of dependency according to schedule 4 of the Act?
- Did you traffic a commercial quantity?
- Was anyone else involved?
- What were the surrounding circumstances of your offence?
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- Ice Epidemic in Victoria
- Unauthorised Possession of Poison or a Controlled Substance
- Manufacturing Heroin
- Trafficking a Drug of Dependence in a Large Commercial Quantity
- Possession of a Substance, Material, Documents or Equipment for Trafficking in a Drug of Dependence
- Trafficking a drug/s of Dependence to a Child
- Trafficking a Drug/s of Dependence
- Supplying a Drug/s of Dependence to a Child
- Possession of Tablet Press
- Possession of Chemical Precursor Chemicals
- Cultivation of Narcotic Plants of a Commercial or Large Commercial Quantity
- Cultivation of Narcotic Plants
- Drug of Dependence into the Body of Another Person
- Obtaining Drugs of Dependence by False Representation
- With Use or Possession of a Drug of Dependence
What happens next?
After being charged with an offence of trafficking a drug of dependence at a commercial quantity, the next crucial step is to seek expert legal advice from a law firm like MK Law. You will have an initial consultation with a lawyer to discuss the specifics of your case, share relevant details, and ask questions about the legal process.
The lawyer will assess the facts, evaluate the evidence against you, and inform you about potential outcomes and penalties. If you choose to proceed with MK Law, they will represent you throughout the legal proceedings, prepare necessary documents, and communicate with the prosecution. Together, you will develop a defence strategy, which may involve challenging the evidence or discussing mitigating factors.
Your lawyer will guide you through court appearances, advocate for the best possible outcome—whether through negotiation or trial—and provide ongoing support and updates throughout the process. Engaging a knowledgeable legal team is essential for effectively navigating the complexities of your case and protecting your rights. Call 1800 130 120 to receive confidential and expert advice today.
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