Possession of a Trafficable Quantity – Laws & Penalties in Australia

Possession of a trafficable quantity of a prohibited drug is a serious criminal offence under Australian law. Unlike simple possession, this offence presumes that you intended to supply or distribute the drugs, based solely on the amount in your possession.

Even if there’s no direct evidence of selling—like cash, text messages, or scales—you can still be charged with deemed supply or trafficking if the quantity exceeds the trafficable threshold.

This guide explains what “trafficable quantity” means, how police lay charges, the court process, legal defences, and the different laws and penalties in each Australian state and territory.

What Is a “Trafficable Quantity” of Drugs?

Each state and territory defines trafficable quantities of drugs based on weight or number of units. If you’re found with a trafficable quantity, police and prosecutors can presume intent to supply unless you prove otherwise.

Examples:

• 3g of heroin

• 2g of methamphetamine

• 0.75g of MDMA

• 25g of cannabis (NSW) or more in other states

These thresholds vary across jurisdictions and are set out in the relevant drug schedules or regulations.

How Are Charges Laid by Police?

You may be charged with possession of a trafficable quantity if:

• Drugs are found in your home, car, or on your person

• The quantity exceeds the state’s trafficable threshold

• There is no immediate evidence of supply, but the amount alone supports the charge

Police may also rely on:

• Drug residue on scales or bags

• Large amounts of cash

• Digital evidence (e.g., text messages, app chats)

Court Process

This charge is generally heard in:

• Local/Magistrates’ Court (for summary or less serious matters)

• District/County/Supreme Court (for serious or indictable offences)

The key legal issue is often whether:

1. You were in possession of the drugs

2. The drugs exceeded the trafficable amount

3. You had intent to supply or can rebut the legal presumption

Legal Defences to Possession of a Trafficable Quantity

Possible defences include:

• Personal use – Arguing the drugs were for personal consumption, not supply

• Lack of possession – Drugs didn’t belong to you or were outside your control

• Unlawful search – Breach of police powers in collecting evidence

• Quantity error – Actual weight is below the trafficable threshold

Legal representation is essential to prepare a strong rebuttal to the presumption of supply.