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:
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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