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Drug Supply

Drug Supply is an offence under Section 25 of the Drug Misuse and Trafficking Act 1985.

The maximum penalty depends on the type of prohibited drug involved and the weight of that drug.

To establish the offence, the prosecution must prove beyond a reasonable doubt:

  1. That you supplied, or took part in the supply of, a substance
  2. That substance was a prohibited drug, and
  3. You knew, or believed at the time, that the substance was a prohibited drug

You must be acquitted if the prosecution is unable to prove each of these ‘elements’.

Supply includes selling, giving away for free and participating in any stage of the supply process.

Some of the most common prohibited drugs are:

  1. Cannabis
  2. MDMA (or ‘ecstasy’)
  3. Cocaine, and
  4. Heroin

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

A defence to the charge is that you temporarily had possession of the drug with the intention of returning it to the owner.

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