The Offence of Drug Supply in New South Wales

14/06/2019

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A South Australian man has been handed an 18-month suspended prison sentence for selling a range of cannabis-infused products, including fairy-floss, hazelnut spread, lollies and lip balm.

32-year old James Stephen Woodward pleaded guilty in the state’s District Court to possessing, manufacturing and supplying an illegal drug.

Police raided his home last year after receiving information that his business, Kronfectionary, was advertising and selling cannabis products via a Facebook page.

They seized approximately 11 kilograms of illegal goods – worth approximately $13,000 – which were found to be infused with cannabis oil.

Sentencing Judge Wayne Chivell described Woodward’s conduct as an “act of supidity” rather than savvy entrepreneurialism or anything particularly sinister, noting the dealings were “something of an in-joke with other cannabis users”.

The defendant used most of the proceeds of his crimes to develop a menu, advertise and market his products and repay part of his mortgage.

He will not spend time behind bars provided he complies with the conditions of his suspended sentence.

The Offence of Drug Supply in NSW

Supplying a prohibited drug is an offence under section 25 of the Drug Misuse and Trafficking Act 1985 (NSW), the maximum penalty for which depends on:

The type of drug supplied,
The ‘admixed’ weight of the drug (meaning the total weight of the substance containing the drug), and
Whether the case is finalised in the Local Court, or a higher court such as the District Court.

The applicable maximum penalties for cannabis, amphetamines, MDMA (ecstasy) cocaine and heroin are outlined in the following table.

	Where the amount is…	The maximum penalty will be…
Not more than a small quantity	<0.25g of MDMA/ecstasy<1g of amphetamines, cocaine or heroin<30g of cannabis	2 years imprisonment and/or a $5500 fine if your matter is finalised in the Local Court or 15 years imprisonment and/or a $220,000 fine if it is finalised in a higher court.
Not more than an indictable quantity	<1.25g of MDMA/ecstasy<5g of amphetamines, cocaine or heroin<1kg of cannabis	2 years imprisonment and/or an $11,000 fine if your matter is finalised in the Local Court or 15 years imprisonment and/or a $220,000 fine if your matter is finalised in a higher court.
Not more than a commercial quantity	<125g of MDMA/ecstasy<250g of amphetamines, cocaine or heroin<25kg of cannabis	2 years imprisonment and/or an $11,000 fine if your matter is finalised in the Local Court or 15 years imprisonment and/or a $220,000 fine. Can only be heard in higher courts.
Not more than a large commercial quantity	<500g of MDMA<1kg of amphetamines, cocaine or heroin<100kg of cannabis	20 years imprisonment and/or a $385,000 fine. Can only be heard in higher courts.
More than the large commercial quantity	>500g of MDMA>1kg of amphetamines, cocaine or heroin>100kg of cannabis	Life imprisonment and/or $550,000 fine. Can only be heard in higher courts.

It is important to be aware that a person can be found guilty if he or she ‘knowingly takes part in the supply’, which includes materially participating in any stage of the supply chain.

The offence also extends to providing the goods to others free-of-charge.

Charged with Drug Supply?

If you are going to court for a drug supply charge, call Sydney Criminal Lawyers anytime to arrange a free first conference during which one of our experienced criminal defence lawyers will advise you of your options, the best way forward, and fight to ensure you achieve the optimal outcome.

Last updated on 24 Nov 2020