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Drug Misuse and Trafficking Act 1985 (NSW) offences

  • By:Anderson Boemi

Supplying a prohibited plant is an offence under section 23(1) of the Drug Misuse and Trafficking Act 1985 (NSW) (‘the Act’).

To establish the offence, the prosecution must prove beyond a reasonable doubt that a person:
(a) cultivates, or knowingly takes part in the cultivation of, a prohibited plant,
(b) supplies, or knowingly takes part in the supply of, a prohibited plant, or
(c) has a prohibited plant in their possession.

Section 29 of the Act enables a person to be found guilty of drug supply if they are found to be in possession of at least a ‘trafficable’ quantity of prohibited drugs, even if there is no evidence they actually took part in drug supply. In these cases, the law “deems” that the person has possession of the drug for the purpose of supply unless they satisfy the court to the contrary (which is the reversal of the usual onus of proof).

The maximum penalty for drug supply depends on the type of drug, the quantity, and the court in which the matter is finalised. The penalties are severe and include 20 years imprisonment.

If you are facing court over allegations of supplying a prohibited plant, please call Anderson Boemi Lawyers on (02) 9653 9466 to speak with a criminal defence lawyer who has the knowledge, specialisation and experience to achieve the optimal outcome.

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