Possession for Personal Use: How Drug Lawyers Can Defend Supply Charges in Perth
In Western Australia, a charge of possessing a prohibited drug with intent to sell or supply is a serious matter. It carries strict consequences and can cause significant distress for the accused and those closest to them.
However, the accused person may refute a supply charge and insist that they were not caught dealing drugs. This may be because the drugs in question were intended solely for personal use. If this is in fact the case personal use can serve as a valid defence against the allegations.
This article explains how a drug offence lawyer can use the personal use defence to defend an intent to sell or supply charge. If you would prefer to speak directly with a member of the Chambers Legal team, you can contact us on (08) 9500 8915 or at [email protected].
What is Possession with Intent to Sell or Supply?
In Western Australia, possession with intent to sell or supply is a criminal offence under section 6(1)(a) of the Misuse of Drugs Act 1981 (WA). It applies when a person is found in possession of a prohibited drug and is alleged to have intended to distribute it to others for financial gain, in exchange for something else or even without any payment at all.
The offence is treated more seriously than simple possession, particularly where the quantity of drugs exceeds a threshold amount specified in the Act. If the quantity found is above this threshold, the court will presume the accused intended to supply, unless they can prove otherwise.
Understanding the Presumption of Intent
Under the Act, possession of certain quantities of prohibited drugs will trigger a legal presumption of intent to sell or supply.
For example, possessing 2 grams or more of methamphetamine, heroin or cocaine, or 100 grams or more of cannabis, may activate this presumption. In such cases, the burden shifts to the accused to prove that the drugs were for personal use only.
What Defences Are Available?
There are several legal options that may be available to an accused person. A criminal defence drug lawyer will assess the specific facts of the case and consider defences such as:
Lack of Knowledge: Asserting that the accused did not know the drugs were in their possession or control.
Unlawful Search: Challenging the admissibility of the evidence if it was obtained through an unlawful or improperly conducted search.
Duress: Demonstrating that the accused was forced or coerced into possessing the drugs due to threats or pressure from another person.
They may also consider pursuing a personal use defence. This argues that the drugs were intended for personal use only and not intended for distribution. It is particularly relevant for situations where the amount of drugs is near the presumption threshold.
Should the accused believe that they had intended the drugs to be for personal use only, their lawyer must gather evidence proving so.
How a Drug Offence Lawyer Establishes Personal Use
To disprove the presumption of intent and support the claim of personal use, a legal team will look to gather evidence including:
Quantity Consistent with Personal Consumption: Demonstrating that the amount of the drug possessed aligns with typical personal use.
Absence of Distribution Materials: Lack of items such as scales or packaging materials that are commonly associated with drug distribution.
Personal Circumstances: Providing context about the individual’s lifestyle, such as employment status, living arrangements and any history of substance use, to support the claim of personal use.
How a Drug Dealing Offence Lawyer Can Help
Challenging a charge of possession with intent to supply requires a thorough understanding of the law and a well-structured approach to presenting evidence.
At Chambers Legal, our team of criminal defence lawyer will assess the specifics of the case, gather supporting evidence and advocate effectively on your behalf.
We recognise the difficulty of facing a criminal drug charge, especially if you had no intent other than personal use. To best support you, we carry ourselves with integrity and transparency, giving you the assurance that we are working for your best interests.
All advice at Chambers Legal is tailored to you and provided clearly in writing. We pride ourselves on fair and honest pricing and will always provide proper cost notice.
Enquire Today and Speak with a Criminal Drug Offence Lawyer at Chambers Legal
Being charged with possession with intent to supply is a serious offence, but if the drugs were intended solely for personal use, this can serve as a strong defence. It is critical to seek legal advice early so that your rights are protected and you navigate the legal process as smoothly as possible.
If you would like to speak with a criminal defence lawyer about a drug charge, you can contact Chambers Legal (08) 9500 8915 or at [email protected]. Amongst others, we can assist with possession, manufacturing and marijuana (or ‘weed’) charges.
Alternatively, we also offer free 15-minute phone consultations.