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More than small quantity, less than traffickable

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JohnsonC View Drop Down
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Joined: 14/February/2012
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  Quote JohnsonC Quote  Post ReplyReply Direct Link To This Post Topic: More than small quantity, less than traffickable
    Posted: 14/February/2012 at 21:24
I'm browsing through the "Drugs, Poisons and Controlled Substances Act 1981" on the vic legislation website.
There are detailed guidelines regarding the law and penalties for drugs according to quantities.
But, for example (in schedule 11 part 3, page 254), for many common street drugs, the "traffickable quantity" is 3+ grams, but the "small quantity" is 1 gram and less.

What is the stance on such laws when it is in the grey area in between small and traffickable, ie 2 grams? What rule applies?
By my interpretation of this gap, it is neither small nor traffickable...or perhaps it is both. Would it be assumed to be traffickable, with onus on defendant to prove it was personal? or the other way around, or what?
How would the laws and penalties apply in such a case?

Responses relating to Victorian laws where possible would be appreciated.

MartinO View Drop Down
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Joined: 02/March/2009
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 14/February/2012 at 21:40
Have you been charged, if so with what?

Or is this an academic question?
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

JohnsonC View Drop Down
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  Quote JohnsonC Quote  Post ReplyReply Direct Link To This Post Posted: 14/February/2012 at 22:25
academic

Ponala View Drop Down
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  Quote Ponala Quote  Post ReplyReply Direct Link To This Post Posted: 15/February/2012 at 23:24
The amount between small quantity and traffickable quantity is not a grey area as such. It is for the purposes of sentencing only and only refers to cannabis or tetrahydrocannabinol. Section 73 of the DPCSAct spells out the sentencing provisions for less than a small quantity (30 penalty units or 1 year maximum imp.) and more than a small quantity (400 penalty units or 5 years maximum imp.)
For all other DOD the small quantity provision does not apply for sentencing, you are subject to the maximum penalties (400 or 5)of possession.

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