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DRUG Legislation in New South Wales provides that the greater the collective weight of the drugs that one has in his or her possession the more severe the charge that may be pressed.

If someone has as much as a certain specified quantity of a prohibited drug in his or her possession, the law may assume that the person possesses the drug for the purpose of supplying it to others. A charge for supply of a prohibited drug carries a greater maximum penalty than the charge for possession of a prohibited drug.

For example, a person found to have 5 grams of cocaine in his or her possession would ordinarily be presumed to have had the cocaine for the purpose of supplying it to others.

If a person is charged under the presumption of supply while not having had any intention to supply the drug, the court would need to be persuaded by the accused that the prohibited drug was in fact only for personal use, and not for supply.

Put simply, you may not actually be a ‘dealer’, but may be considered to be a ‘dealer’ by the court.

That is not to say that people who only have had in their possession a very small quantity of drugs will not be charged with a ‘supply charge’ as well. Giving even a small amount of a prohibited drug to your friend could attract a supply charge. This has been seen in Sydney recently following the death of Georgina Bartter at the Harbourlife music festival. Ms Bartter’s close friend, who is alleged to have supplied the pill to her, has been charged with the supply of a prohibited drug.

This article is not legal advice, and should not be relied upon as legal advice.


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