Possession with Intent to Sell or Supply

Drug charges are offences ranging from possession of small quantities to large scale production and supply operations. The penalties can vary depending on these circumstances.

At Chambers Legal, we recognise that drug-related charges can be overwhelming. It may be a first offence or you may feel that a seemingly minor allegation is being prosecuted aggressively.

To provide you with the best possible support, our team of drug offence lawyers will help you understand the charge you’re facing, explain the process and penalties and defend you with clarity and respect.

If you would like to speak with a member of our team, you can contact us on (08) 9500 8915 or at [email protected]. Alternatively, we also provide free 15 minute phone consultations.

Understanding How Drug Offences Work in WA

Most drug offences in Western Australia are governed by the Misuse of Drugs Act 1981 (WA). The Act covers offences ranging from possession and use to more serious charges like trafficking and manufacturing.

Offences fall into different categories depending on the nature and quantity of the drug involved, as well as the accused’s alleged intent. For example, possession of a small amount for personal use may be treated somewhat leniently, whilst possession of a larger quantity will come with the assumption that it was intended for sale or supply.

The law also criminalises the possession of items commonly associated with drug use or supply, such as scales, pipes and other paraphernalia. In some cases, a person may be charged even if they are not found with drugs, but are suspected of being involved in drug distribution because of surrounding evidence.

Common drug offences in Western Australia include:

• Possession of prohibited drugs: Having illegal substances for personal use.
• Possession with intent to sell or supply: Holding drugs with the purpose of distribution.
• Drug trafficking: Involvement in the large-scale distribution of drugs.
• Cultivation or manufacture of prohibited drugs: Growing or producing illegal substances.
• Possession of drug paraphernalia: Owning items used in the consumption or distribution of drugs.

Each of these offences will be viewed very differently seriousness depending on the context. Aggravating circumstances, such as the presence of children, may result in harsher penalties.

What are the Penalties for Drug Offences in Western Australia?

The penalties for drug offences vary based on the type and quantity of the drug, as well as the nature of the offence. In most cases, the accused will be subject to fines, imprisonment and/or a criminal record if they are convicted. Some examples include:

• Possession of a small amount of MDMA for personal use: A fine $500–$2,000 and, in some cases, a spent conviction.
• Possession with intent to sell or supply a moderate quantity of methamphetamine: 12–30 months imprisonment
• Possession of a moderate quantity of cannabis (marijuana or ‘weed’): Fine of $500–$2,000 or a Community Based Order (CBO)

Some charges carry mandatory minimum sentences, requiring the accused to serve a predefined period of imprisonment if they are convicted. This is particularly relevant to repeat offenders or those involving large quantities of drugs.

Finding the Best Lawyer for Defending Drug Charges

Defending a drug charge requires a thorough understanding of the law and the specifics of the case. An experienced lawyer will assess all of the available evidence, identify weaknesses in the prosecution’s case and develop a strategy tailored to the individual’s circumstances.

Potential defences may include:

• Unlawful search and seizure: A challenge to the legality of how evidence was obtained.
• Lack of knowledge: Arguing that the accused was unaware of the presence of the drugs.
• Duress or coercion: Claiming the offence was committed under threat or pressure.
• Mistaken identity: Asserting that the accused was not the person involved in the offence.

Regardless of what avenue you pursue, it is always important to engage a lawyer as soon as possible.

How Can Chambers Legal Help?

At Chambers Legal we have an experienced team of criminal drug lawyers that offer:

• Specialised knowledge in how to handle drug cases
• Legal advice tailored to your situation and circumstances
• Committed representation to ensure the best possible outcome in court

We understand that facing a criminal charge can cause you and your loved ones significant stress and anxiety. To best support you throughout the process, we hold ourselves to values of integrity and transparency.

We are fair and honest in our pricing and provide proper cost notice. Our advice is always provided in writing.

Enquire Today to Speak with a Drug Crime Defence Lawyer

If you’re facing a drug charge, you do not need navigate the legal system alone. Our team of drug offence lawyers can provide expert advice on your case, informing you of possible defences and the prospects of success at trial.

To speak with a lawyer, contact Chambers Legal on (08) 9500 8915 or at [email protected].

If you would prefer, you can book a free 15 minute phone consultation.