Single offence—working out quantities if different kinds of controlled drug etc involved
631 Single offence—working out quantities if different kinds of controlled drug etc involved
This section applies if a person is charged with a single offence against this chapter that involves—
trafficking in 2 or more kinds of controlled drug; or
manufacturing 2 or more kinds of controlled drug; or
selling 2 or more kinds of controlled precursor; or
manufacturing 2 or more kinds of controlled precursor; or
possessing 2 or more kinds of controlled precursor; or
cultivating 2 or more kinds of controlled plant; or
selling 2 or more kinds of controlled plant; or
supplying 2 or more kinds of controlled drug to a child.
In a prosecution for the single offence—
the quantity of drugs or plants is a trafficable quantity if the total of the required fractions of the trafficable quantity of each of the drugs or plants is 1 or more; or
the quantity of drugs, precursors or plants is a commercial quantity if the total of the required fractions of the commercial quantity of each of the drugs, precursors or plants is 1 or more; or
the quantity of drugs, precursors or plants is a large commercial quantity if the total of the required fractions of the large commercial quantity of each of the drugs, precursors or plants is 1 or more.
In this section, the required fraction of—
a trafficable quantity of a drug or plant is the actual quantity of the drug or plant divided by the smallest trafficable quantity of the drug or plant; and
a commercial quantity of a controlled drug, precursor or plant is the actual quantity of the drug, precursor or plant divided by the smallest commercial quantity of the drug, precursor or plant; and
a large commercial quantity of a controlled drug, precursor or plant is the actual quantity of the drug, precursor or plant divided by the smallest large commercial quantity of the drug, precursor or plant.
For a trafficable, commercial or large commercial quantity of a controlled drug—
the required fraction must be worked out on the basis of quantities of the drug in pure form; and
the required fraction is zero if—
a regulation does not prescribe a trafficable, commercial or large commercial quantity of the controlled drug; or
a regulation prescribes a trafficable, commercial or large commercial quantity for a mixture of substances containing the controlled drug but not for the drug in pure form; or
a regulation prescribes different forms of the controlled drug by reference to the percentage of a particular substance in the drug.
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