Joseph Burke Law - Criminal Lawyers Melbourne

Written by  Joseph Burke 2015-02-15

Can possession of drugs be used as evidence of trafficking?

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It is possible that one could be charged with trafficking merely for possessing drugs, provided that they possessed an amount of drugs that was greater than the amount deemed the trafficable quantity in schedule 11 of the drugs, poisons and controlled substances act 1981.


The trafficable quantity for some common drugs are:

Drug Trafficable qty Commercial qty Large Commercial qty  
Marijuana 250g 25kg 250kg  
Cocaine 3g 250g 750g  
Methyl-amphetamine 3g 100g 750g  
Heroin 3g 250g 750g  

 
So, if found with 5 grams of cocaine, they would be deemed to be in possession of a trafficable quantity of drugs. This would be seen in court to be prima facie evidence of trafficking. However, it is a rebuttable presumption. If the possesor of the drugs can provide evidence to the court demonstrating that there was no trafficking, it is possible to be found not guilty of trafficking not withstanding the possession of a trafficable quantity of drugs.

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