Subdiv 1Trafficking in controlled drugs

Subdivision 1—Trafficking in controlled drugs 32—Trafficking (1) A person who traffics in a large commercial quantity of a controlled drug is guilty of an offence. (2) A person who traffics in a commercial quantity of a controlled drug is guilty of an offence. (2a) A person who, in a prescribed area, traffics in a controlled drug is guilty of an offence. (i) if the offender is a serious drug offender—$200 000 or imprisonment for 25 years, or both; or (ii) in any other case—$75 000 or imprisonment for 15 years, or both; (b) for an aggravated offence—$200 000 or imprisonment for 25 years, or both. (3) A person who traffics in a controlled drug is guilty of an offence. (4) An offence against subsection (3) involving cannabis, cannabis resin or cannabis oil (and not involving any other controlled drug) must be prosecuted, and dealt with by the Magistrates Court, as a summary offence but if the Court determines that a person found guilty of such an offence should be sentenced to a term of imprisonment exceeding 5 years, the Court must commit the person to the District Court for sentence. (5) If, in any proceedings for an offence against subsection (1), (2), (2a) or (3) it is proved that the defendant had possession of a trafficable quantity of a controlled drug, it is presumed, in the absence of proof to the contrary— (a) in a case where it is alleged that the defendant was taking part in the process of sale of the drug, that the defendant— (i) was acting for the purpose of sale of the drug; and (ii) had the relevant belief concerning the sale of the drug necessary to constitute the offence; or (b) in any other case—that the defendant had the relevant intention concerning the sale of the drug necessary to constitute the offence. (6) In this section— prescribed area means— (a) prescribed licensed premises or an area being used in connection with prescribed licensed premises; or (b) premises at which members of the public are gathered for a public entertainment or an area being used in connection with such premises; Example— Areas being used in connection with premises would include— (a) a car parking area specifically provided for the use of patrons of the premises; (b) an area in which people are queuing to enter the premises. prescribed licensed premises means— (a) premises in respect of which 1 of the following classes of licence is in force under the Liquor Licensing Act 1997: (i) a general and hotel licence; (ii) an on premises licence; (iii) a club licence; (iv) a restaurant and catering licence; (vi) a licence of a class prescribed by regulation; (b) the premises defined in the casino licence, within the meaning of the Casino Act 1997, as the premises to which the licence relates; (c) premises subject to a licence prescribed by regulation; public entertainment means a dance, performance, exhibition or event that is calculated to attract and entertain members of the public, whether admission is open, procured by the payment of money or restricted to members of a club or a class of persons with some other qualification or characteristic.