NSW Criminal Law - Difference Between 18(1) and 25(1) in DMTA?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
6 December 2016
2
0
1
Hello

I'm wondering what the difference is between 18B(1),(2) and 25(1) in DMTA.

If I gave 3 grams of marijuna to my friend in Dec, 2013 and am wondering what I did applies to 18B(1),(2) or 25(1)

I know that from Oct, 2013, Cannabis rescheduled to schedule 9, and NSW police provides information.

"If you are found guilty of manufacturing or supplying a Schedule 9 substance, you could get a fine of up to $2200, a term in prison of up to 2 years, or both. and it is Summary offence"

On the other hand 25(1) says,

"A person who supplies, or who knowingly takes part in the supply of, a prohibited durg is guilty of an offence. If it is not more than small quantity 15 years imprisonment; and/or 2000 penalty unit if dealt with District Court and it is Table 2 offence"

Under Criminal Law which one is my case? And why?

Thank you
 

Iamthelaw

Well-Known Member
13 September 2016
412
86
794
Section 25 relates to proceedings on indictment - With clarification: If the amount of marijuana was a commercial quantity, you would be charged under s25. If it was a small amount (not commercial/marketable etc) it would be s18.