What Is Drug Possession With Intent to Sell or Supply in WA?
Section 6(1)(a) of the Misuse of Drugs Act 1981 (WA) makes it an offence to possess a prohibited drug with the intention of selling or supplying it to someone else. Prohibited drugs include methamphetamine, cannabis, cocaine, heroin, MDMA and any other illicit substances named in the Act.
An intent to sell means planning to exchange the drug for money. Intent to supply is broader: it covers giving, delivering, posting or otherwise handing the drug to another person, whether or not payment is involved.
Police generally prove intent in two main ways:
- Quantity‑based presumption
Possessing more than certain amounts triggers a legal presumption of intent to sell or supply:- 2 g or more of methamphetamine, heroin or cocaine
- 100 g of cannabis, or ten cannabis plants
This presumption is rebuttable if you can present evidence to the contrary.
- Direct or circumstantial evidence
Witness statements and items such as scales, clip‑seal bags, large sums of cash, “tick lists” (records of transactions) or text messages about drug sales can all show an intent to sell or supply.
Possession vs Possession with Intent to Sell or Supply
Under s 6(2) Misuse of Drugs Act 1981 (WA), simply possessing a prohibited drug is a summary offence; police only need to prove you knew about the substance and had control of it.
Possession with intent to sell or supply, set out in s 6(1)(a), adds the need to show you planned to move the drug on; ‘sell’ is for money, while ‘supply’ covers any way of giving it to another person.The Act automatically presumes intent if you hold at least 2 g of meth, heroin or cocaine, or 100 g (or 10 plants) of cannabis, unless you rebut this presumption.
Because of that extra mental element, possession with intent is labelled one of WA’s most serious drug offences and is usually dealt with in higher courts, whereas simple possession stays in the Magistrates Court.
Penalties for Possession With Intent to Sell or Supply in Western Australia
A conviction under section 6(1)(a) of the Misuse of Drugs Act 1981 (WA) carries stiff penalties that rise with the type and weight of drug involved. The District Court deals with the most serious cases, while smaller quantities can be heard summarily in the Magistrates Court. The table below sets out the current maximum sentences.
Elements of the Offence: What Police Must Prove
To obtain a conviction, the prosecution must establish each of the following elements beyond reasonable doubt:
- Possession: The accused knew the drug existed and had it within their control or dominion.
- Prohibited drug: The substance is a prohibited drug—that is, one it is illegal to possess. Methamphetamine, cannabis, cocaine, heroin and MDMA are clear examples.
- Intent to sell or supply: The accused intended to sell or supply all or part of the prohibited drug to someone else.
Which Court Will Hear Your Case?
Where your matter is heard depends mainly on the amount of drug the police say you had.
- Magistrates Court (simple offence). If the quantity is small, the charge can stay in the Magistrates Court as a simple offence. Cases here move more quickly and the maximum penalties are lower.
- District Court. Allegations involving larger amounts, or anything outside the simple‑offence range, must go to the District Court, where the sentencing powers are much higher.
If you are unsure which court your case will be listed in, we can review the charge sheet and give you clear guidance at the start.
Application of section 6(1)(a) – Case Example of Possessing a prohibited drug with intent to sell or supply under the Misuse of Drugs Act 1981 (WA)
This Court of Appeal decision shows how several people can share possession of the same cannabis haul and why merely storing drugs for another person can still meet the Act’s wide test for possession and supply.
Background
Charges
David and Florence Davies were convicted on two counts of possessing cannabis with intent to supply. Police found about 18.7 kilograms hidden in a false ceiling and roughly 300 grams under their bed.
Defence argument
On appeal the parents claimed the verdicts were unreasonable because their adult son already possessed the cannabis. If he possessed it, they said, they could not intend to supply it back to him.
Key facts
- Police discovered nearly 19 kilograms of cannabis and seven‑thousand dollars in cash during an August 2002 search of the parents’ home.
- The son had stored the drugs there, kept a key to the house and appeared to pay his parents for the storage space.
- He later pleaded guilty to possessing the same cannabis with intent to sell or supply.
Court findings
- Joint possession recognised
Section 3 defines possession as control or dominion. Because the cannabis was in their home, the parents controlled it. The son also controlled it because he could enter and collect it. All three therefore held joint possession. - Intent to supply proven
Supply under section 3 includes making a drug available or returning it. By allowing their son to retrieve the cannabis later, the parents intended to supply it to him, even though he already shared possession. - Legislative change decisive
Parliament expanded the definition of supply in 1998. Earlier cases such as Manisco and Pelham had suggested that holding drugs only for the owner was not supply, but the amendments removed that loophole. - Appeal dismissed
The jury was entitled to find both possession and intent to supply, so the parents’ appeal failed.
Legal principles highlighted
- Possession focuses on control, not physical handling.
- Two or more people can possess the same drugs at the same time.
- Allowing a recipient to reclaim drugs can satisfy the intent‑to‑supply element.
- Statutory definitions in sections 3 and 6(1)(a) override everyday meanings of possession and supply.
Significance of the case
Davies illustrates the broad reach of Western Australian drug laws. Anyone who stores or controls another person’s drugs may face conviction for possession with intent to supply if they plan to hand back exclusive control to the owner.
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FAQs for Drug Offences
What does the "intent to sell or supply" mean?
In Western Australia, if the amount of drug is found to be above a certain quantity, the law presumes that the possessor of the item has the intent to sell, or supply, the illicit substance. The onus then lies on the possessor to rebut the presumption. The Misuse of Drugs Act 1981 also makes it illegal to possess, manufacture, cultivate, use, or supply an illicit drug.
The act of supplying is broadly defined and can include delivering, dispensing, distributing, offering, or making available a prohibited drug to someone else. This means that “offering your mate a joint” can easily be considered as supplying a prohibited drug. Even the possession of drug-packaging items along with an illicit drug can be used as evidence of supply.
How does the police prove that I intended to sell or supply?
The police usually rely on two kinds of evidence:
- Quantity‑based presumption: Possessing more than certain threshold amounts (e.g. 2 g of methamphetamine, cocaine or heroin, or 100 g of cannabis or ten plants) automatically creates a presumption of intent. You can rebut this with credible evidence.
- Circumstantial evidence: Scales, clip‑seal bags, large sums of cash, “tick lists”, or texts arranging deals can all point to intent.
Example: If officers find 3 g of cocaine and a set of digital scales, they may argue both the amount and the paraphernalia show you planned to sell.
What must the prosecution prove to secure a conviction?
They must show, beyond reasonable doubt, that:
- You knew about the drug and had control of it (possession).
- The substance is a prohibited drug.
- You meant to sell or supply some or all of it to another person.
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