What Quantity of Drugs Is Considered Trafficking?

If you have been charged with a drug offence, you may be wondering whether the quantity of drugs found by police is enough to amount to trafficking. 

While the amount of drugs located is an important consideration, there is no single quantity that automatically means you are guilty of drug trafficking. 

Under Victorian law, police can allege trafficking based on the quantity of drugs, the surrounding circumstances and, in some cases, legal presumptions contained in the Drugs, Poisons and Controlled Substances Act 1981.

Is There a Traffickable Quantity?

Yes.

Schedule 20 of the Drugs, Poisons and Controlled Substances Act 1981 sets out what are known as “traffickable quantities” for drugs of dependence. If you possess at least the traffickable quantity of certain drugs, the law may presume that you possessed them for the purpose of trafficking unless evidence is led to the contrary.

This does not mean you are automatically guilty of trafficking. It means the quantity itself can have important legal consequences and should never be ignored.

What Are the Traffickable Quantities?

Some of the more common traffickable quantities are:

• Cannabis – 250 grams or 10 cannabis plants

• Methylamphetamine (Ice) – 3 grams

• MDMA (Ecstasy) – 3 grams

These quantities include the pure drug together with any substance mixed with it. For example, three grams of methylamphetamine includes the total weight of the substance, not just its purity.

Does Possessing More Than These Quantities Mean You Are Guilty?

No.

A common misconception is that possessing more than a traffickable quantity automatically results in a trafficking conviction. That is not the law.

While Schedule 20 creates an important legal presumption, the circumstances of each case remain critical. The prosecution must still establish the offence, and there may be evidence showing the drugs were possessed for another reason, such as personal use.

Likewise, a person can still be charged with trafficking even if they possess less than a traffickable quantity where there is evidence they were selling or supplying drugs. Text messages arranging sales, cash, digital scales, clip-seal bags or admissions to police may all support a trafficking allegation regardless of the quantity involved.

What Other Evidence Do Police Look For?

Drug trafficking investigations rarely rely on quantity alone.

Police commonly examine mobile phones for messages relating to drug sales, bank records, surveillance footage, packaging materials, digital scales, clip-seal bags, cash and customer lists. In many cases, electronic evidence forms a significant part of the prosecution case.

The more evidence suggesting commercial activity, the easier it becomes for police to allege that the drugs were intended for supply rather than personal use.

What If the Drugs Were for Personal Use?

Every case is different.

Some people who use drugs regularly possess larger quantities for their own personal consumption rather than to sell to others. Whether that explanation is accepted will depend on the surrounding evidence and the particular facts of the case.

Where trafficking is alleged because of the quantity alone, it is important to obtain legal advice before making any decisions about your case.

Can a Trafficking Charge Be Defended?

Yes.

Drug trafficking charges are frequently contested. Depending on the circumstances, there may be disputes about whether you possessed the drugs, whether the prosecution can rely on the statutory presumption, whether police lawfully obtained the evidence or whether there is sufficient evidence of an intention to traffic.

Because trafficking offences carry severe penalties, every aspect of the prosecution case should be carefully examined before deciding whether to plead guilty or contest the charge.

Speak to Wilkinson Lawyers

If you have been charged with drug trafficking or a serious drug offence, obtaining legal advice as early as possible is essential. At Wilkinson Lawyers, we regularly represent clients charged with trafficking, possession and other drug offences throughout Victoria. We can assess the evidence, explain how the traffickable quantity provisions apply to your case and advise you on the strongest strategy to achieve the best possible outcome.

Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.