Drug Prosecution Information
Whether a matter proceeds to the District Court or stays in the Magistrates Court is a question that we are often asked by our clients. The answer depends on the prohibited drug and the amount of the prohibited drug. Matters, as you will see, are viewed far more seriously if they end up in the District Court.
In matters dealing with prohibited drugs there is also an extra issue to be faced and that is that once you are found in possession of a prohibited drug above a quantity set in the Misuse of Drugs Act, you are deemed to be in possession with intent to sell or supply to another. That concept includes sell, swap, barter, look after or any form of dealing. Each of the prohibited drugs has a set weight in grams above which that presumption to sell or supply is activated.
CANNABIS
Magistrates Court or District Court? – quantities less than 500g can be dealt with in the Magistrates Court. Quantities in excess of 500g must go to the District Court.
Intention to Sell or Supply
Any quantity above 100g automatically gives rise to that presumption of an intention to sell or supply. A person found in possession of less than 100g can in certain circumstances, depending on the evidence, also be charged with possession with intent to sell or supply.
Penalty
Magistrates Court- $5000 and/ or 4 years’ imprisonment
District Court – $20 000 and/or 10 years’ imprisonment
MDMA
Magistrates Court or District Court? – quantities less than 4g can be dealt with in the Magistrates Court. Quantities in excess of 4g must go to the District Court.
Intention to Sell or Supply
Any quantity above 2g automatically gives rise to that presumption of an intention to sell or supply. A person found in possession of less than 2g can in certain circumstances, depending on the evidence, also be charged with possession with intent to sell or supply.
Penalty
Magistrates Court- $5000 and/ or 4 years’ imprisonment
District Court – $100 000 and/or 25 years’ imprisonment
COCAINE
Magistrates Court or District Court? – quantities less than 4g can be dealt with in the Magistrates Court. Quantities in excess of 4g must go to the District Court.
Intention to Sell or Supply
Any quantity above 2g automatically gives rise to that presumption of an intention to sell or supply. A person found in possession of less than 2g can in certain circumstances, depending on the evidence, also be charged with possession with intent to sell or supply.
Penalty
Magistrates Court- $5000 and/ or 4 years’ imprisonment
District Court – $100 000 and/or 25 years’ imprisonment
HEROIN
Magistrates Court or District Court? – quantities less than 2g can be dealt with in the Magistrates Court. Quantities in excess of 2g must go to the District Court.
Intention to Sell or Supply
In relation to Heroin, the way the presumption to sell or supply operates is different in that the law prescribes that all quantities of Heroin of 2g or above give rise to a presumption that the person intends to sell or supply and must be dealt with in the District Court.
Penalty
District Court – $100 000 and/or 25 years’ imprisonment
METHYLAMPHETAMINE
Magistrates Court or District Court? – quantities less than 4g can be dealt with in the Magistrates Court. Quantities in excess of 4g must go to the District Court.
Intention to Sell or Supply
Any quantity above 2g automatically gives rise to that presumption of an intention to sell or supply. A person found in possession of less than 2g can in certain circumstances, depending on the evidence, also be charged with possession with intent to sell or supply.
Penalty
Magistrates Court- $5000 and/ or 4 years’ imprisonment
District Court – $100 000 and/or 25 years’ imprisonment
For further information contact our criminal lawyers Max Crispe on 0407 440 078, Kate Crispe on 0415 058 950, Shirley Casey on 0458 850 033 or Mel McEwen on 0437 030 713.