(a) where the court is satisfied on the balance of probabilities that— (i) the offence was committed in relation S. 73(1)(a)(i) amended by to a quantity of cannabis or No. 48/1997 tetrahydrocannabinol that is not more s. 42(1)(a). than the small quantity applicable to cannabis or tetrahydrocannabinol; (ii) the offence was not committed for any S. 73(1)(a)(ii) amended by purpose related to trafficking in No. 48/1997 cannabis or tetrahydrocannabinol— s. 42(1)(b). to a penalty of not more than 5 penalty units; (b) subject to paragraph (a), where the court is S. 73(1)(b) amended by satisfied on the balance of probabilities that No. 48/1997 the offence was not committed by the person s. 41(4). for any purpose relating to trafficking in that drug of dependence—to a penalty of not more than 30 penalty units or to level 8 imprisonment (1 year maximum) or to both that penalty and imprisonment; or (c) in any other case—to a penalty of not more S. 73(1)(c) amended by than 400 penalty units or to level 6 No. 48/1997 imprisonment (5 years maximum) or to both s. 41(5). that penalty and imprisonment. (2) Where a person has in his possession, without being authorized by or licensed under this Act or the regulations to do so, a drug of dependence in a quantity that is not less than the traffickable quantity applicable to that drug of dependence, the possession of that drug of dependence in that quantity is prima facie evidence of trafficking by that person in that drug of dependence.
(a) where the court is satisfied on the balance of probabilities that— S. 73(1)(a)(i) amended by No. 48/1997 s. 42(1)(a). (i) the offence was committed in relation to a quantity of cannabis or tetrahydrocannabinol that is not more than the small quantity applicable to cannabis or tetrahydrocannabinol; S. 73(1)(a)(ii) amended by No. 48/1997 s. 42(1)(b). (ii) the offence was not committed for any purpose related to trafficking in cannabis or tetrahydrocannabinol— to a penalty of not more than 5 penalty units; S. 73(1)(b) amended by No. 48/1997 s. 41(4). (b) subject to paragraph (a), where the court is satisfied on the balance of probabilities that the offence was not committed by the person for any purpose relating to trafficking in that drug of dependence—to a penalty of not more than 30 penalty units or to level 8 imprisonment (1 year maximum) or to both that penalty and imprisonment; or S. 73(1)(c) amended by No. 48/1997 s. 41(5). (c) in any other case—to a penalty of not more than 400 penalty units or to level 6 imprisonment (5 years maximum) or to both that penalty and imprisonment. (2) Where a person has in his possession, without being authorized by or licensed under this Act or the regulations to do so, a drug of dependence in a quantity that is not less than the traffickable quantity applicable to that drug of dependence, the possession of that drug of dependence in that quantity is prima facie evidence of trafficking by that person in that drug of dependence.
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