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Deemed Drug Supply

‘Deemed’ Drug Supply is where a person who possesses drugs is charged with supply even though there is not enough evidence they actually supplied the drugs, or intended to do so.

The ‘deeming’ provision is contained in section 29 of the Drug Misuse and Trafficking Act 1985, which says that a person can be charged with drug supply merely for possessing the ‘traffickable quantity’ of a prohibited drug which is:

– 0.75 grams of MDMA (‘ecstacy’)

– 3 grams of amphetamines, cocaine or heroin

– 300 grams of cannabis

The relevant quantity is the ‘admixture’ which means the total weight of the substance, not just the pure weight of the prohibited drug within it.

A person who possesses a traffickable quantity is not guilty of deemed supply if they are able to establish on the ‘balance of probabilities’ that the drugs were for something other than supply, such as for personal use only.

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