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Different Kinds of Drugs and People Smuggling Offenses

Under commonwealth criminal code, import or exporting drugs or plants or having those things in possession are offenses related to drugs.

Drugs Importation

The term “import” means to have proof about the arrival of border controlled goods across the border and safe transportation to a place where it will remain safe. It is necessary to prove against the accused that he had relevant Mens Rea to import drugs.

To declare a person guilty of having commercial quantity of drugs in possession, the jury needs to prove that the person imported any substance which was a border controlled drug or plant in real and the amount of importation was commercial quantity.

Mens Rea

According to law, the accused must have the knowledge of importing drugs. That means if the accused person is accused of drug dealing then he has to have the knowledge of importing drugs. If he carries it without knowing, suppose any drug dealer just put the drugs in his bag or car and the accused guy didn’t know anything about that, then definitely he’ll not be accused of carrying border controlled drugs. And there must be solid proof about having the intention to import.

Quantities of Imported Drugs

The following chart can be helpful for getting an insight about the different quantities of drugs to be imported or exported.

DRUG

TRAFFICABLE QUANTITY

MARKETABLE QUANTITY

COMMERCIAL QUANTITY

Amphetamine

2 g

250 g

 750 g

Cannabis

250 g

25 kg

125 kg

Cannabis Resin

20 g

25 kg

125 kg

Cocaine

2 g

250 g

2 kg

Heroin

2 g

250 g

1.5 kg

LSD

.002 g

.05 g

.002 kg

Ecstasy

.5 g

100 g

.5 kg

 Penalties for Importing Border Controlled Drugs

If the amount of drugs is in commercial quantity, then the punishment will be lifetime imprisonment. If the amount is marketable quantity, then maximum punishment can be a 25 years’ imprisonment. If the amount is less than the marketable quantity and the person ends up by getting caught, then it can be a 10 years’ imprisonment. And if it can be proved that the accused did not have any intention to import drugs and he was caught by being a victim of the circumstances than the penalty will be for 2 years’ imprisonment.

Drug Manufacture and Relevant Penalties

It is also a punishable offense to take part in manufacturing drugs. There are certain quantity division in drug manufacturing which is given below-

Drug

Small Quantity

Trafficable Quantity

Indictable Quantity

Commercial Quantity

Large Commercial Quantity

Amphetamine

1 g

3 g

5 g

250 g

1 kg

Cannabis:

     

- Plant

5

-

50

250

1000

             - Leaf

30 g

300 g

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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