Have you been charged with Trafficking a Drug of Dependence in a Large Commercial Quantity?
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Ice Epidemic in Victoria
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Unauthorised Possession of Poison or a Controlled Substance
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Manufacturing Heroin
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Trafficking a Drug of Dependence in a Large Commercial Quantity
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Possession of a Substance, Material, Documents or Equipment for Trafficking in a Drug of Dependence
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Trafficking a Drug/s of Dependence in a Commercial Quantity
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Trafficking a drug/s of Dependence to a Child
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Trafficking a Drug/s of Dependence
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Supplying a Drug/s of Dependence to a Child
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Possession of Tablet Press
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Possession of Chemical Precursor Chemicals
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Cultivation of Narcotic Plants of a Commercial or Large Commercial Quantity
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Cultivation of Narcotic Plants
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Drug of Dependence into the Body of Another Person
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Obtaining Drugs of Dependence by False Representation
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With Use or Possession of a Drug of Dependence
What does it mean to be charged with Trafficking a Large Commercial Quantity of a Drug of Dependence?
Being charged with trafficking a large commercial quantity of a drug of dependence under Section 71 of the Drugs, Poisons and Controlled Substances Act 1981 (“DPCSA”) signifies that you are accused of illegally distributing or attempting to distribute a significant amount of a controlled substance without the necessary authorisation or license.
Under this section, trafficking in such quantities is categorised as an indictable offence, carrying severe penalties due to the potential harm to public health and safety associated with the distribution of drugs. If convicted, you could face life imprisonment and substantial fines, with the standard sentence for this offence set at 16 years. The legislation underscores the gravity of drug trafficking, particularly when large quantities are involved, reflecting society’s commitment to combatting drug-related crime and protecting communities from the associated risks.
In essence, a charge of trafficking a large quantity of a drug of dependence indicates not only the legal consequences you face but also the serious nature of the offence, warranting immediate legal counsel to navigate the complexities of the case and explore potential defences.
What does the prosecution need to prove?
The prosecution must establish:
- 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 trafficked or attempted to traffic a quantity of drugs that met or exceeded the threshold of a large commercial quantity.
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?
“Large commercial quantity” is defined in section 70(1) as follows:
- The quantity of drugs or the number of plants indicated in column 1A of Parts 2 and 3 of Schedule Eleven of the Act.
- If the drug is contained in or mixed with another substance, the quantity of the mixture specified in column 1B of Part 3 of Schedule Eleven.
“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.
“Traffickable quantity” is defined in section 70(1) as:
- The quantity of drugs or the number of plants indicated in column 3 of Parts 1 and 2 of Schedule Eleven.
- The quantity of drugs, including any substances they are contained in or mixed with, as specified in column 3 of Part 3 of Schedule Eleven.
In Victoria, a commercial quantity for a drug of dependence varies depending on the specific substance. Here are some examples:
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 advise from the lawyer at MK Law in order to proceed with the most up-to-date information ready to defend your case.
Penalties for Trafficking a Commercial Quantity of a Drug of Dependency:
Level 1 imprisonment (life imprisonment), along with a maximum penalty of 5,000 penalty units as determined by the Court.
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 large commercial quantity?
Where will my case be heard?
Trafficking in a Drug of Dependence – Large Commercial Quantity will most often be heard in the Supreme Court, although it can also be heard in the County Court.
-
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 in a Commercial Quantity
-
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
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What happens next?
After being charged with an offence of trafficking a drug of dependence at a commercially large 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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