What is the offence of supply a prohibited drug on an ongoing basis?

This is an offence of supplying prohibited drugs (except cannabis) on three separate occasions or more, in exchange for money or other reward, within a 30-day period.

It does not need to be the same prohibited drug that is supplied on each occasion.

What is supply?

Section 3 of the Drug Misuse and Trafficking Act defines ‘supply’ as:

“Supply includes sell and distribute. It also includes agreeing to supply or offering to supply, keeping or having in possession for supply…”

This means that it is possible to be charged with a supply offence even where no drugs were dealt.

“Supply” does not include temporary possession of a prohibited drug with the intention of returning it to the owner of the drug: R v Carey (1990) 20 NSWLR 292.

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