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Your Guide to New South Wales Cocaine Laws

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3 months ago

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Cocaine use is on the rise in Australia with the latest national statistics finding 11% of Australians have used cocaine in their lifetime and 4% have used in the past 12 months.

Serious criminal penalties apply to the importation, sale and possession of cocaine in NSW. Here’s your ultimate guide to relevant laws.

What Is cocaine?

Cocaine is a tropane alkaloid derived and refined from the Coca plant.

The drug is a stimulant, meaning it speeds up messages travelling between the brain and body.

The effects of cocaine include increased energy, feelings of happiness and confidence and experiencing euphoria.

Cocaine comes in many forms including:

  • Cocaine hydrochloride:  a fine white powder with a bitter, numbing taste. Cocaine hydrochloride is often mixed, or ‘cut’, with other substances which can pose a risk to users.
  • Freebase: a white powder that is purer than cocaine hydrochloride.
  • Crack: crystals ranging from white or cream to transparent with a pink or yellow hue.

In Australia, most cocaine sold comes in a powdered form and is administered through snorting (“doing lines”).

The offence of importing or exporting cocaine

The importation of cocaine (a ‘border controlled drug’) is an offence under sections 307.1 (commercial quantity), 307.2 (marketable quantity) and 307.3 (any quantity) of the Criminal Code Act 1995.

To be found guilty of an importation offence, the prosecution must prove beyond a reasonable doubt that:

  • A person imported cocaine and
  • The person knew they were importing cocaine, or was reckless as to whether or not they were importing cocaine.

The term ‘import’ includes  bringing the substance into Australia, as well as dealing with the drug in connection with its importation. The term ‘reckless’ means a person foresaw there was a substantial risk the substance was a border controlled drug (whether or not it was specifically cocaine) but went ahead with their actions regardless.

If the prosecution wishes to charge a person with importing a marketable or commercial quantity of cocaine, they will need to prove the existence of that quantity.

A marketable quantity of cocaine is 2 grams. A commercial quantity is 2 kilograms.

The maximum penalties for importation offences are:

  • 10 years imprisonment for importing less than a marketable quantity of cocaine under section 307.3 of the Code 
  • 25 years imprisonment for importing more than a marketable quantity of cocaine but less than a commercial quantity under section 307.2 of the Code 
  • Life imprisonment for importing a commercial quantity of cocaine or more under  section 307.1 of the Code.

The offence of manufacturing cocaine

To ‘manufacture’ cocaine means to to make up, prepare, produce, process (including by extracting or refining), package or label the psychoactive substance.

Several offences relating to the manufacture and production of prohibited drugs (including cocaine) are found under the Drug Misuse and Trafficking Act 1985 NSW. These include:

  • Manufacturing or producing or knowingly taking part in the manufacture or production of a prohibited drug under section 24(1) of the Act.
  • Taking part in the activities above whilst exposing a child to the manufacturing or production process, or to substances being stored for use in the manufacturing or production process under section 24(1A) of the Act.
  • Manufacturing or producing or knowingly taking part in the manufacture or production of a prohibited drug which is more than the commercial quantity under section 24(2) of the Act.
  • Taking part in the activities above whilst exposing a child to the manufacturing or production process, or to substances being stored for use in the manufacturing or production process under section 24(2A) of the Act.

A commercial quantity of cocaine under the Drug Misuse and Trafficking Act 1985 is 250 grams, and a ‘large commercial quantity’ is  1 kilogram.

The maximum penalties for manufacture and production offences depend on the quantity of cocaine manufactured of produced .

For an offence under section 24(1) of the Act, the maximum penalty is 10 years imprisonment and/or a $220,000 fine.

For an offence under section 24(2) of the Act, the maximum penalty is:

  • 15 years imprisonment and/or a $385,000 fine if the cocaine is more than a commercial quantity but less than a large commercial quantity.
  • 20 years imprisonment and/or a $550,000 fine if the cocaine is more than a large commercial quantity.

For an offence under section 24(1) of the Act, the maximum penalty is 12 years imprisonment and/or a $264,000 fine.

For the offence under section 24(2A) of the Act, the maximum penalty is:

  • 18 years imprisonment and/or a $462,000 fine if the cocaine is more than a commercial quantity but less than a large commercial quantity.
  • 25 years imprisonment and/or a $660,000 fine if the cocaine is more than a large commercial quantity.

Lesser penalties apply if the offence is capable of being tried summarily.

The offence of supplying cocaine

Section 25(1) of the Drug Misuse and Trafficking Act 1985 outlines the offence of supply of a prohibited drug, which includes cocaine.

Drug supply can include supplying drugs to friends without payment, sending drugs in the post, and being part of a group of people buying drugs with combined funds, selling them and splitting the proceeds. Even if a drug that you supply doesn’t contain an illicit substance, if you have represented it as an illegal drug you can still be charged and convicted of drug supply.

To prove the offence of supply in relation to cocaine, the prosecution must prove beyond reasonable doubt that a person supplied cocaine to another and knew, or believed at the time, the substance supplied was cocaine.

The maximum penalties which apply to supply offences depend on the quantity of cocaine supplied. For cocaine the following distinctions are made:

  • A small quantity is 1 gram.
  • An indictable quantity is 5 grams.
  • A commercial quantity is 250 grams.
  • A large commercial quantity is 1 kilogram.

The maximum penalties which apply for an the offence of supply for cocaine are:

  • For less than a small quantity, a $5,500 fine and/or 2 years imprisonment if the matter is heard in the Local Court or a $220,000 fine and/or 15 years imprisonment  if the matter is heard in the District Court.
  • For more than a small quantity, but less than an indictable quantity, a $11,000 fine and/or 2 years imprisonment if the matter is heard in the Local Court or a $220,000 fine and/or 15 years imprisonment  if the matter is heard in the District Court.
  • For more than an indictable quantity, but less than a commercial quantity, a $11,000 fine and/or 2 years imprisonment if the matter is heard in the Local Court or a $220,000 fine and/or 15 years imprisonment  if the matter is heard in the District Court.
  • For more than a commercial quantity, but less than a large commercial quantity, a $385,000 fine and/or 20 years imprisonment.
  • For more than a large commercial quantity a $550,000 fine and/or life imprisonment.

It should be noted that under section 29 of the Act,  a charge of drug supply can be bought even if there is no evidence of a person actually supplying the drug.

This is known as ‘deemed supply’ and applies if a person is in possession of at least a ‘traffickable’ quantity of a drug. The traffickable quantity for cocaine is 3 grams.

To rebut a charge of deemed supply, the accused must establish (on the balance of probabilities) that the drugs were possessed for reasons other than supply.

The offence of possessing cocaine

Possessing a prohibited drug is an offence under section 10 of the Drug Misuse and Trafficking Act 1985 (NSW).

For cocaine, this offence will apply if a person is found in possession of any quantity of cocaine.

The term ‘possession’ has been defined by the courts as in your ‘exclusive possession, custody or control’.

‘Exclusive possession’  requires the prosecution to exclude any reasonable possibility the drugs were not possessed by you.

The maximum penalty for drug possession is 2 years imprisonment and/or a fine of $2,200.

The offence of driving with cocaine in the system

Drug driving is an offence under section 111 of the Road Transport Act 2013 which criminalises a person who has any detectable amount of cocaine in their saliva, blood or urine whilst:

  • Driving a motor vehicle; or
  • Occupying the driving seat of a motor vehicle and attempting to put the motor vehicle in motion; or
  • Supervising a learner driver.

The maximum penalty for this offence is:

  • For a first offence, an on-the-spot driver licence suspension for 3 months and a penalty notice which is $602 at the time of writing, or an ‘automatic’ 6 month driver licence disqualification which can be reduced to 3 months and a fine of up to $2,200 if the matter is dealt with by a court, or
  • For a subsequent offence, a $3,300 fine and an automatic licence disqualification for 12 months, which the court cn reduce down to as low as 3 months or increase as it sees fit.

It is important to be aware that there will be no driver licence disqualification, no criminal conviction and no fine if the magistrate exercises his or her discretion to make a ‘non-conviction order‘, such as a section 10(1)(a) dismissal or a conditional release order without conviction.

The detection window for tests for cocaine in a persons’s system is:

  • Up to 48 hours after the consumption of cocaine for saliva tests.
  • Up to 48 hours after the consumption of cocaine for blood tests.
  • Up to 3 days after the consumption of cocaine for urine tests.

Detection windows may be created if a person uses multiple drugs (whether illicit or medicinal) or have medical issues which impact drug metabolism.

Going to court for a cocaine-related offence?

If you are going to court for an offence relating to cocaine, call Sydney Criminal Lawyers 24/7 on (02) 9261 8881 to arrange a free first conference with an experienced drug defence lawyer who will advise you of your options and the best way forward, and fight for the optimal outcome.

https://www.sydneycriminallawyers.com.au/blog/your-guide-to-new-south-wales-cocaine-laws/



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5 most expensive drugs

5 Most Expensive Recreational Drugs in the World

Published

4 days ago

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November 24, 2023

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Have you ever wondered which drug, which addictive habit, which substance is the most expensive?

There’s obviously the initial cost of the product, gram for gram, but then there’s also the quantity at which you are likely to have it. There’s a lot of factors involved. The world of recreational drugs comes with a staggering financial cost. Addiction, a complex and often misunderstood condition, can lead to a lifetime of expenses that extend far beyond the immediate price of the substance itself. We’re going to delve into the realm of the most expensive recreational drugs in the world. Let’s do this.

Addiction vs Enjoyment

As we navigate through this list, it’s important to remember that the cost of drug addiction is multifaceted. It’s not just about the money spent on acquiring the drugs; it’s also about the long-term financial drain due to health complications, loss of productivity, and the potential for legal consequences. The true cost of these drugs is more than just a number – it’s a reflection of the broader societal and economic implications of drug abuse. However, of course, for many, these drugs offer an escape from their problems or stresses. Whether that be a glass of wine on a Friday, a hard-earned joint, or even a sniff of cocaine – all of these substances have their appeals. But are these appeals worth the costs? The Executive Rehab Guide writes:

“Whether it is the rush of adrenaline that comes from using stimulants like cocaine or the sense of calm and relaxation that comes from using opioids like heroin, drugs have the power to make people feel good.”

It’s very easy to write about the dangers and horrors of addiction, but it’s also important to acknowledge the euphoria that recreational drugs can give people. Without this knowledge, it would be impossible to understand why anyone would ever spend so much money, each year, on these substances. But which substances are on the list?

expensive drugs

Most Expensive Drugs

1 – Tobacco & Alcohol

Did you think we weren’t going to count alcohol and tobacco? Well, you thought wrong. Both these substances, despite being legal and accepted into society, most definitely count as recreational substances. However, we’ve put them together because these are all depressing facts that we probably know already. The financial cost of alcohol and tobacco are nothing short of unsettling, and yet many of us feel they still require an important place in our lives.

Tobacco

Tobacco, one of the most widely used addictive substances globally, carries a significant financial burden. Despite its legal status, the cost of tobacco use extends far beyond the price of cigarettes or other tobacco products. The long-term health consequences of tobacco use, such as lung cancer, heart disease, and chronic respiratory conditions, lead to substantial healthcare costs for both individuals and public health systems. In fact, in 2022 ASH released a study claiming that smoking costs the UK tax payer around 17 billion pounds per year. But beyond that, let’s think about it at a micro level. Based on an average 2021 UK price of £11.46 for a pack of 20. If an individual smokes 10 a day, they will be paying up to around £2000 a year. If we double that, for those smoking 20 a day, suddenly that cost goes up to around £4000 a year. That’s two very nice holidays for the price of 20 cigs a day. Is it worth it, who knows?

Alcohol

Alcohol, while socially accepted and widely consumed, presents a significant economic burden that is often underestimated. Around 2.3 billion people worldwide are current alcohol drinkers. But how much does this habit cost? Well, this depends on what kind of drinker you are. Delamere have worked out a 5-year cost for beer and wine, depending on what kind of relationship you have with the substance:

Casual Drinker

Wine: £10,842

Beer: £4,285

Binge Drinker 

Wine: £16,263

Beer: £10,712

Abuser

Wine: £75,894

Beer: £37,492

Again, these numbers look quite alarming. Although, perhaps seemingly cheaper than a smoking habit? But then alcohol leaves us with an intense hangover. 

2 – Heroin

Now we move on to the hard hitting substances. Heroin, derived from morphine, a natural substance taken from the seed pod of various opium poppy plants, stands as one of the most addictive and destructive drugs in the world. Its reputation for high addiction potential is matched by the significant financial burden it places on its users. Again, the cost goes beyond the price of the drug itself. According to Drug Free:

“The average five-year cost for using heroin 10 times a day is $318,500.”

We’re using the dollars currency now but, regardless, this is a much larger number than alcohol and tobacco. The street price of heroin varies based on geographic location, purity, and availability. However, it consistently remains high due to its demand and the risks associated with its illegal trade. In the USA, you can expect to pay around 15-20 dollars for a 0.1 gram of the substance. This makes it one of the more expensive substances, when you consider the amount you receive for the money you give. However, there is no doubt that heroin gives one of the most euphoric highs – which is why it’s so addictive. 

3 – Cocaine

But what about cocaine? Well, this powerful stimulant derived from the coca plant has long been a drug associated with both luxury and high social cost. Its use spans various demographics and geographies, making it one of the most sought-after illicit substances in the world. However, the financial implications of cocaine use are as significant as its effects on the human body. Cocaine addiction carries with it a hefty price tag. The cost of maintaining a coke habit can be high, largely due to the drug’s high street value and the frequency of use required to sustain its effects. According to the previous data, the five-year cost for using 1 gram of cocaine once a day amounts to $112,840. This isn’t quite as expensive as a heroin addiction but it’s important to remember that cocaine addictions are more normalised than that of heroin. Priory Group writes:

“Taking cocaine often results in a brief but very intense high. You would normally start to feel the effects of cocaine after 5 to 30 minutes of snorting it, and these effects usually last between 20 and 30 minutes. Because the high is so intense…  this can make the person want to take more cocaine to experience the pleasurable effects again, as soon as possible.”

The street price of cocaine can vary widely based on factors such as purity, supply, and geographic location. Prices have been known to range from $25 to $200 per gram in the United States, with an average cost hovering around $112 per gram. When it comes to one-off purchases of recreational drugs, cocaine can be one of the most expensive. Certainly more than ketamine, MDMA, cannabis or ecstacy. 

4 – Oxycodone

This substance played a big part in the US opioid crisis. Oxycodone, a prescription opioid, is commonly used for pain management but has become notorious for its high potential for abuse and addiction. While it serves a legitimate medical purpose, the recreational use of oxycodone has led to significant financial, health, and social consequences. The mis-prescription of oxycodone over the last few decades has had a terrible effect on many users. The cost of this addiction can be substantial. For individuals who become addicted, the expense goes beyond the drug itself. Again, according to the previous research, the five-year cost for using oxycodone (80 milligrams once a day) is approximately $132,405. 

Obviously it’s important to take into account that the cost varies depending on whether it is obtained through a prescription or not. However, whilst prescription costs can be partially offset by insurance, those who become dependent may turn to the black market as their tolerance grows and prescriptions become harder to obtain. 

expensive drugs

5 – Methamphetamine (Meth)

Finally we have methamphetamine, commonly known as meth. This is another highly addictive stimulant, which is why it’s included on the list. Usually the more addictive the substance, the higher the financial cost over time. Meth addiction can not only be detrimental to health but also to the financial well-being of users. The cost of purchasing meth can quickly accumulate. Whilst this substance can be significantly cheaper than cocaine – sometimes even 4 times cheaper – the high is reported to be much more intense. This means that those consuming it can get hooked quickly. The Addiction Center writes:

“Today, a single dose of Meth (sometimes called Crystal Meth, depending on its formation) costs about $5 and is almost 100% pure. Consequently, in much of rural America and the West, people are dying of Meth-related overdose at nearly twice the rates of Heroin-related overdose.”

Whilst meth might be the cheapest of these substances, when it comes to singular dosage, the addictive nature of it and its appeal in price means that maintaining an addiction can cost a lot. 

Analysis

There’s little point in comparing these 5 expensive recreational drugs. Because, in a way, it doesn’t matter. An addiction is an addiction, and when you find yourself within it, it can be hard to deter yourself based on a financial burden. In addition, whilst some of these drugs are cheaper than others (meth or a glass of wine) they might be more addictive or more socially accepted. Whichever substance you might find yourself in a ‘relationship’ with, it’s important to acknowledge the financial costs they can have over time. What might be a tenner at one point, can become literally thousands over the years.

expensive drugs

Conclusion

The true cost of drug addiction is multifaceted. It includes the direct expenses of acquiring the drugs, but then also the cost of maintaining the addiction or habit. There are also important other factors – including health bills and the cost of lower productivity – but going into that would take vast analysis (mostly based on assumptions). Nonetheless, here are 5 of the most expensive recreational drugs. Which do you think is really the most financially burdening? 

Hello readers. We’re happy to have you with us at Cannadelics.com; a news source here to bring you the best in independent reporting for the growing cannabis and hallucinogen fields. Join us frequently to stay on top of everything, and subscribe to our Cannadelics Weekly Newsletter, for updates straight to your email. Check out some awesome promos for cannabis buds, smoking devices and equipment like vapes, edibles, cannabinoid compounds, amanita mushroom products, and a whole bunch more. Let’s all get stoned together!



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Malta: Racehorse tests positive for cocaine and other drugs after winning Marsa race

Published

2 weeks ago

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November 13, 2023

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A racehorse tested positive for cocaine and other drugs after it won a race last month.

Six-year-old mare Halina Jibay was found with cocaine in its body when it outperformed nine other horses on the Marsa racecourse on October 1, tests carried out in a French doping laboratory revealed.

In a decision issued by the Malta Racing Club this week, the mare’s owner was suspended from all races for two years and fined €350.

A doping test result issued by the Laboratoire des Courses Hippiques and seen by Times of Malta confirms a urine sample taken from the horse on the day of the race contained cocaine, stanozolol (a synthetic steroid), ketamine (a form of tranquilliser), and methamphetamine (a stimulating drug), among other similar substances.

At least two of the substances – including cocaine – constitute among the most serious rule breaks according to the Malta Racing Club’s regulations, and the rules state such cases must also be reported to the police since the possession of these substances is illegal.

The Malta Racing Club last night said the horse owner was given until today to contest the findings and present a counter-analysis.

Should the owner not contest the findings, then the case will be reported to the police.

https://timesofmalta.com/articles/view/racehorse-tests-positive-cocaine-drugs-winning-marsa-race.1066917



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East Boston man arrested after police find 240 grams of fentanyl in home

Published

3 weeks ago

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November 8, 2023

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An East Boston man is facing a slew of drug charges after police found a stockpile of fentanyl, cocaine, marijuana, psychedelic mushrooms and thousands of dollars in his home, Suffolk DA Kevin Hayden announced Sunday.

“Fentanyl is a death drug, plain and simple,” Hayden said in a release. “The amount seized here — 240 grams of fentanyl, plus sizeable quantities of other drugs — represents a tremendous amount of potential human devastation.”

After months of investigating, police executed a search warrant for the apartment of Robert Ciampi, 63, on Orleans Street in East Boston on Nov. 1, according to the release.

Read the rest of this story on BostonHerald.com.



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