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Cannabis Lawyer Perth
In Western Australia it remains a criminal offence to possess Cannabis for personal use without a medical prescription. The law in WA recognises a distinction between possession, sale and supply of Cannabis as opposed to hard drugs such as MDMA, Methamphetamine and Heroin. The professional lawyers at Mark Andrews Legal have the reputation and experience to deliver the best possible outcome for your Cannabis-related case.
We can help you navigate the complexities of your case, providing comprehensive legal advice that covers:
- Assisting you in deciding whether to plead guilty or not guilty.
- Review of the evidence against you.
- Considering the evidence in your favour.
- Considering the relevant law and any defences that are available.
- How to obtain the best outcome at your sentencing if you are found guilty.
- How to maximise your chances of avoiding imprisonment.
Penalties for Personal Possession of Cannabis
Where an adult is caught in personal possession of Cannabis for the first time, police can issue the person with a Cannabis Intervention Requirement rather than prosecuting them through the courts. Where a person is prosecuted through the courts for an offence of possessing or cultivating Cannabis for personal use, the courts typically impose a fine. If the person does not have any prior criminal record, the person may apply to the court to make a spent conviction order, so that the conviction will not appear on their National Police Clearance. In order to satisfy the court that they are unlikely to reoffend, it is advisable that a person intending to apply for a spent conviction do some drug counselling sessions, which are available at no cost through the Pre-Sentence Opportunity Program offered through the courts and administered by Adult Community Corrections.
Penalties for Sale and Supply of Cannabis
Offences of the sale and supply of Cannabis carry a maximum penalty of $5000 or 4-years imprisonment if dealt with in the Magistrates Court, or a fine of $20,000 and 10-years imprisonment if dealt with in the District Court. Whereas offences of selling or supplying hard drugs carry a maximum penalty of life (25 years) imprisonment. The Magistrates Court can deal with offences of cultivation, sale and supply of Cannabis involving up to 500 grams of Cannabis and up to 20 Cannabis plants. The law creates a presumption that a person has an intention to sell or supply Cannabis where the person possesses more than 100 grams of Cannabis or 10 or more Cannabis plants. If the prosecution can prove beyond reasonable doubt that an accused person was in possession of the Cannabis or Cannabis plants, the accused person bears the onus of proving that they did not have an intention to sell or supply the Cannabis.
As a result of the distinction that the law draws between the sale and supply of Cannabis and hard drugs, offences of selling and supplying Cannabis are more likely to be dealt with by way of fine or a community order as opposed to by imprisonment. Where imprisonment is imposed, there is a greater prospect that the court will suspend the term of imprisonment so that the person serves the term of imprisonment in the community, provided that they do not reoffend or breach any conditions of the suspended imprisonment order. If a person does breach a suspended imprisonment order either by reoffending or breaching a condition, they must be re-sentenced by the court and the court must trigger the term of imprisonment unless satisfied that it would clearly be unjust to do so.
Trust the Cannabis Lawyers at Mark Andrews Legal
Our skilled lawyers have extensive experience defending clients charged with offences of personal possession of Cannabis, possession with intent to sell or supply Cannabis and cultivation of Cannabis. We have won numerous trials where a person was accused of an intention to sell or supply Cannabis by disproving that the person had an intention to sell or supply the Cannabis and establishing that the Cannabis was for personal use.
In several of these cases, our clients were extracting oil or resin from the Cannabis, creating Cannabis tincture, using Cannabis teas or even bathing in Cannabis for its medicinal properties. It is often not recognised by Police that these processes involve the use of much larger quantities of Cannabis than simply smoking Cannabis does. Other clients who would use Cannabis only by smoking it, would buy or grow large quantities because it is much more cost effective than buying small quantities.
We have also acted in a number of prominent cases involving the commercial sale of synthetic Cannabis products. While at one time there was a legal loophole which enabled the lawful sale of synthetic Cannabis, which contains psychoactive Cannabinoids but does not contain the key ingredient THC. In recent years, however, the law has become stricter, and any psychoactive substance which interacts with the Cannabinoid receptors in the brain is now a prohibited drug. As a result, there is now a blanket ban on the sale of any sort of synthetic Cannabis in Western Australia.
If you’re looking for a professional and proficient Cannabis lawyer in Perth, WA, look no further than Mark Andrews Legal. Contact us today if you have been charged with a Cannabis-related drug offence and need assistance.