The Misuse of Drugs Act 1981 is an Act to prevent the misuse of certain drugs and plants and to provide for matters incidental thereto or connected therewith. The different types of drug offences pursuant to the Act range from simple possession of a prohibited drug, possessing a prohibited drug with intent to sell or supply, cultivating/growing a prohibited drug, conspiring to sell/supply a prohibited drug and trafficking quantities of prohibited drugs.
The seriousness of any drug offence is determined by weight or quantity of the drug because the quantity may give rise to a presumption that there was an intent to sell or supply the drug. Other circumstances in which a person is caught in possession of drugs can lead to the presumption that the person has an intent to sell or supply the drug.
These circumstances include being found with clip-seal bags, weighing scales, large or small amounts of cash and hand-written notes (sometimes coded) of money owed from people who have been sold the drugs.
