Joseph Burke Law - Criminal Lawyers Melbourne - Can possession of drugs be used as evidence of trafficking?

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.