Trafficking is the movement of a drug of dependence from its source to the ultimate user. Therefore trafficking includes:
- preparing a drug of dependence for trafficking (eg. a person who cuts MDMA powder or packages quantities of amphetamines is guilty of trafficking);
- manufacturing or making a drug of dependence;
- selling, exchanging, agreeing to sell, offering for sale, or possessing for sale, a drug of dependence.
Selling may be proved by:
- direct evidence (eg. observation of or participation in a sale)
- possession of a drug in a quantity much greater than a quantity which would be for personal use
- an admission that the person intended to sell the drug.
Trafficking laws are the domain of the states and territories and as such there are slight differences in the laws from state to state. If you want to know more about the trafficking laws in a particular state you can access the Drug Laws Factsheets.
*This fact sheet is for information only and should not be relied upon as legal advice.