Drug possession and supply is a tricky topic to understand. With so much talk around drug use at Festivals and increased Police presence at these events, it is important to know your rights and how to protect yourself from serious charges.
In NSW you can be charged with Supplying drugs if the amount found in your possession is more than a certain amount which changes depending on the drug. This is called ‘deemed’ supply. Once charged the onus is on the defence to prove that you had the drugs in your possession for your own use if this was the case.
In NSW, ‘Supply’ of a prohibited drug includes taking part in a supply, selling, distributing, offering to supply and keeping in your possession for the purposes of supply. This means that buying drugs and distributing them to your friends is also deemed supply.
If you are at a festival or venue and police hold a drug dog operation, it is important to understand that drug possession or supply is illegal. If police find drugs on your person you will be charged. If a drug dog comes and stands near you (indicating that the dog is signalling that drugs are on your person) then police have a lawful cause to search you. Although this process is extremely stressful, it is very important to remain calm and courteous in your dealings with Police and the drug dog. Too often a charge of possess prohibited drug can be made worse with a charge of Offensive Behaviour, Resist Arrest or Assault Police.
If Police do not find drugs on your person you will be free to go and are not required to give Police your personal details. This will often be the case as four out of five drug dog indications are inaccurate.
If you are dealing with criminal charges it can be an incredibly stressful experience. Reaching out to a lawyer can help you achieve the best possible outcome in court. To learn more about Brady and Associates Lawyers get to know our team. You can contact us through our website or give us a call on 9545 3273.
