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Supplying a Marketable Quantity of Controlled Drugs to Children

Supplying a marketable quantity of controlled drugs to children Is an offence under section 309.3 of the Criminal Code Act 1995 (Cth) which carries a maximum penalty of life in prison.

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

  1. You were an adult,
  2. You supplied a substance to a person,
  3. The person was a child,
  4. The substance was a controlled drug,
  5. You knew, or were reckless as to whether, the substance was a controlled drug,
  6. The amount of the controlled drug was a marketable quantity, and,
  7. You supplied the substance believing the child would sell any of it,

Marketable quantities of controlled drugs include:

At least 0.02 grams but less than 2 grams of LSD,

At least 0.5 grams but less than 500 grams of MDMA (or ‘ecstacy’),

At least 2 grams but less than 750 grams of amphetamines or methamphetamines,

At least 2 grams but less than 1.5 kilograms of heroin,

At least 2 grams but less than 2 kilograms of cocaine, and,

At least 25 kilograms but less than 100 kilograms of cannabis.

You were ‘reckless’ if you were aware it was likely that the substance was a controlled drug but went ahead with your actions regardless.

A ‘child’ is a person under the age of 18 years.

Duress and necessity are defences to the charge.

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