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Drug Charges Lawyer in Perth WA

Drug charges can range in seriousness and can be prosecuted under State law or Commonwealth law, depending on the circumstances alleged. Drug offences carry very serious penalties and can have further consequences, such as you being declared a drug trafficker, and your property being confiscated.

Possession with intent to sell or supply

The most common drug charges are possession of prohibited drugs and possession of prohibited drugs with intent to sell or supply.

Whether you are charged with possession only or possession with intent to sell or supply will depend on the quantity or weight of the drug in your possession, and other matters which may indicate that the drugs are intended to be sold or supplied to another.

The Misuse of Drugs Act sets out the quantity or weight of each type of drug at which it is presumed that you are intending to sell or supply. The quantities are relatively low, for example, if you have just 2 grams of methylamphetamine, cocaine or MDMA, you are deemed to be in possession with intent to sell or supply. The weights and quantities differ for each drug.

The police may also charge you with possession with intent to sell or supply if you are in possession of other things that suggest sale or supply, for example, clip seal bags, scales, large amounts of cash and “tick-lists” that show money owing by others. The other common indicator is text messages offering to sell or supply drugs.

The penalties for possession of drugs with intent to sell or supply are very serious and can even carry life imprisonment if the charge relates to a trafficable quantity of methylamphetamine. For reference, a trafficable amount of methylamphetamine is 28 grams and above.

If you have been charged with possession of a prohibited drug with intent to sell or supply and you deny intending to sell or supply it then you must prove that you did not have that intention.

What is possession?

The prosecution will need to prove that you had possession of the drug in question. Possession means that you actually have the drug in your care or if you have control over the drug. You must also have the intention to possess the drug. It is also possible to be in possession of a drug together with one or more other people and this may result in several people being charged with possessing the same quantity of drug.

Other common drug charges

It is important to note that substances such as anabolic steroids are also prohibited drugs and are subject to the same penalties. 

Other drug charges can include cultivation of cannabis and cultivation with intent to sell or supply. Again, the quantity of plants will determine whether or not you are deemed to be cultivating cannabis with intent to sell or supply. Possession of synthetic cannabis is also an offence.

Manufacturing prohibited drugs also carries significant penalties.

Importing and trafficking prohibited drugs into Australia is a Commonwealth offence and carries serious penalties.

Drug trafficker declarations and confiscation of property

The Misuse of Drugs Act also specifies the weight of each drug that may give rise to a drug trafficker declaration being made. This means that if you are convicted of being in possession of the specified weight of drugs, you may be declared a drug trafficker and any assets you own may be confiscated by the State.

If you have been served with a freezing notice or a freezing order then you should seek legal advice immediately as there are strict deadlines that apply to filing objections.

Legal Advice on Drug Charges

Chambers Legal can advise you on your drug charge, including pleading guilty and pleading not guilty, possible defences and likely penalties. In some circumstances, it may be appropriate to prepare a submission to the prosecution to seek that a charge be downgraded or discontinued. It is important to obtain legal advice at an early stage so you can be advised of your rights and a way forward for your case. Chambers Legal have represented numerous people charged with drug possession, using all avenues - pleading guilty, pleading not guilty, and preparing submissions to the prosecution.

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