Drug Supply & Trafficking

While the ACT has taken a progressive approach to personal drug use decriminalisation, drug supply, trafficking, cultivation, and manufacture remain serious criminal offences carrying severe penalties including lengthy imprisonment. Andrew Byrnes Law Group provides experienced defence for all drug supply and trafficking charges in Canberra and the ACT, from allegations of sharing small amounts through to commercial trafficking prosecutions.

Discover

Drug supply and trafficking charges in the ACT are among the most heavily prosecuted indictable offences and can result in lengthy imprisonment. ABLG defends supply, trafficking and possession-for-supply matters across the ACT Magistrates Court and ACT Supreme Court.

Drug supply and trafficking under ACT law

The principal statutes are the Criminal Code 2002 (ACT) and the Drugs of Dependence Act 1989 (ACT). Key offences include:

Trafficking in a controlled drug — Criminal Code 2002 (ACT) [VERIFY s 603]
Selling a controlled drug
Manufacturing a controlled drug
Possession of a trafficable quantity (deeming provisions)
Cultivation of a controlled plant

Quantity thresholds and maximum penalties

Penalties scale with quantity. A trafficable quantity attracts up to 10 years imprisonment; a commercial quantity up to 25 years; a large commercial quantity up to life imprisonment [VERIFY]. The thresholds are set out in the regulations and differ for each drug (cannabis, methamphetamine, MDMA, cocaine, heroin).

What the prosecution must prove

The substance is a controlled drug as defined under ACT law
The accused possessed, sold, manufactured or otherwise trafficked the substance
The accused knew, or believed, the substance was a controlled drug
For supply by deeming: possession of a quantity above the trafficable threshold

Charged with drug supply or trafficking in Canberra? Call (02) 6210 1075 before any interview with police.

Defences available in the ACT

Possession not for supply — rebutting the deeming provision where quantity is the only supply evidence
Lack of knowledge — the accused did not know the substance was a controlled drug
Lack of possession — drugs found in shared premises or vehicles belonging to another
Unlawful search and seizure — challenges to warrants and street searches under the Crimes Act 1900 (ACT)
Entrapment and controlled operations — challenges to operative conduct
Duress

First appearance and committal at the ACT Magistrates Court

Most supply and trafficking matters begin in the ACT Magistrates Court at Knowles Place. The first listing is a mention; the prosecution serves the brief of evidence over the following weeks. Bail is often opposed for commercial quantities. Matters above the summary threshold are committed to the ACT Supreme Court for trial or sentence.

Diversion and rehabilitation

For smaller supply matters with addiction underpinnings, the ACT Court Alcohol and Drug Assessment Service (CADAS) [VERIFY name] and the Drug and Alcohol Sentencing List can be leveraged to address dependency and reduce sentence severity. ABLG works with treating clinicians to put rehabilitation evidence before the court.

Call (02) 6210 1075 to speak with an ABLG criminal defence solicitor today.

Sentencing in the ACT

Sentencing for supply and trafficking under the Crimes (Sentencing) Act 2005 (ACT) reflects the seriousness of the conduct, the quantity, the role of the accused (principal, courier, runner, end user with onward supply), and the level of organisation. Commercial and large commercial quantities attract substantial imprisonment. Trafficable quantities can attract Intensive Correction Orders or suspended sentences with rehabilitation conditions where the facts support it.

Telephone intercepts, surveillance and electronic evidence

Modern drug prosecutions in the ACT routinely rely on telephone intercept material, listening device product, encrypted message platforms, and surveillance. The lawfulness of warrants under the relevant Commonwealth and ACT regimes, and the integrity of the electronic evidence, can be tested. ABLG works with specialist counsel and electronic evidence experts to challenge admissibility and weight.

Cash, lifestyle and unexplained wealth

The prosecution often relies on cash, lifestyle and text message material to bolster a supply allegation. Each strand of circumstantial evidence is open to alternative explanation and can be addressed in cross-examination and submissions.

Rehabilitation and the ACT Drug and Alcohol Sentencing List

For accused with underlying substance dependence, structured engagement with treatment providers, residential rehabilitation, and the ACT Drug and Alcohol Sentencing List can result in materially better outcomes at sentence. ABLG coordinates that evidence early in the case rather than leaving it to a sentencing hearing.

Related criminal defence services

Frequently asked questions

How much is a trafficable quantity of cannabis in the ACT?

Quantity thresholds are set out in the regulations under the Criminal Code 2002 (ACT) and Drugs of Dependence Act 1989 (ACT). The threshold for cannabis differs from methamphetamine, cocaine or MDMA. Speak to ABLG for current figures.

Can possession alone be charged as supply in the ACT?

Yes. The deeming provisions allow possession of a quantity above the trafficable threshold to be charged as supply. This deeming is rebuttable.

Will I go to prison for a first drug supply offence in the ACT?

Commercial quantities almost always attract imprisonment. Trafficable quantities may avoid full-time custody where rehabilitation, early plea and personal circumstances justify it.