Supplying a prohibited drug in New South Wales

prohibited drugs and the law NSW Australia

I bet that if you asked any parent what their greatest worry is, most would say their teenagers getting into trouble with drugs makes it into the top three concerns.

A group of New South Wales high school parents are coming to terms with an even worse  scenario this week – the news that a teacher has allegedly been supplying prohibited drugs to their children.

The Science teacher has been arrested and charged with supplying drugs to students following a police investigation which started with a tip-off.

Police allege the teacher was contacting the students outside of school hours and supplying the drugs. She has been stood down from her position by the New South Wales Education Department, banned from entering the school grounds and prohibited from contacting any of the students at the school.

The teacher is yet to enter a plea in relation to the charges and the case will return to court next month.

Supplying a prohibited drug is a very serious criminal offence.

Section 25 of the The Drugs Misuse and Trafficking ACt (1985) states:

(1) A person who supplies, or who knowingly takes part in the supply of, a prohibited drug is guilty of an offence.

(1A) A person of or above the age of 18 years who supplies, or who knowingly takes part in the supply of, a prohibited drug (other than cannabis leaf) to a person under the age of 16 years is guilty of an offence.

The penalty for supplying or knowingly taking part in the supply of prohibited drugs carries a penalty of 10 years imprisonment and/or 2000 penalty units ($110each) where the offence involves less than a commercial quantity and relates to cannabis plant/leaf.

In other cases not relating to cannabis plant/leaf, the penalty is 15 years and/or 2000 penalty units (one penalty unit is currently $110).

However the penalties for drug supply also depend upon other factors including:

  • the type of drug involved
  • the quantity or amount of the drug involved
  • whether the case is heard in a Local Court or District Court

What is a prohibited drug?

The most common prohibited drugs are: Cannabis, MDMA or ecstasy, cocaine, Amphetamine, Methylamphetamine, Heroin, LSD, and GHB.  There is a full list of prohibited drugs in Schedule 1 of the Drug Misuse and Trafficking Act.

‘Ongoing supply’ charges in New South Wales

In New South Wales there is also a specific offence relating to criminal activity involved in ‘ongoing supply.’

Section 25A of the Drug Misuse and Trafficking Act outlines the offence Of Supplying Prohibited Drugs On An Ongoing Basis. It states:

A person who, on 3 or more separate occasions during any period of 30 consecutive days, supplies a prohibited drug (other than cannabis) for financial or material reward is guilty of an offence. The maximum penalty for this offence is  3,500 penalty units ($110 each) or imprisonment for 20 years, or both.

 


 

This post is informative only. It is not legal advice. If you have a specific legal matter you’d like to discuss, please contact us.

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