The marketable quantity of methamphetamine as a controlled drug under Schedule 3 of the Criminal Code Regulations 2002 (Cth) is 250 grams, whereas the marketable quantity as a border controlled drug under Schedule 4 is 2 grams. Prosecutors must correctly identify and apply the applicable quantity thresholds when charging and opening Commonwealth drug offences. A conviction entered on a guilty plea will be set aside where, on the admitted facts as opened by the prosecution, the applicant could not have been found guilty of the offence charged.
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