Drug Offences

Drug offences are among some of the most common criminal offences. Possessing a prohibited drug (drug possession) is the most common drug offence and, when charged alone, is almost always dealt with in the Local Court. The introduction of new mechanisms by  police, such as swab testing, increases the risk of being charged.

The laws surrounding the supply of a prohibited drug on the other hand, are much more complex. This offence is considered as a more serious offence along with the manufacturing of a prohibited drug and the importation of a prohibited drug.

Legislation: 

Drug Possession

Section 10 of the Drug Misuse and Trafficking  Act 1985 (NSW) states that:

  • A person who has a prohibited drug in his or her possession is guilty of an offence.

Drug Supply

Section 25 of the Drug Misuse and Trafficking  Act 1985 (NSW) states that:

  • A person who supplies, or who knowingly takes part in the supply of a prohibited drug is guilty of an offence.

 

Penalties: 

Offence

Maximum Penalty

Possession of a prohibited drug

Fine of $5,500

and/or

2 years’ imprisonment

Drug supply

Small quantity less that trafficable amount

Fine of $5,500

and/or

2 years’ imprisonment

 

Small quantity less that trafficable amount

Fine of $5,500

and/or

2 years’ imprisonment

More than trafficable amount and less than indictable amount

Fine of $11,000

and/or

2 years’ imprisonment

Indictable amount

Fine of $220,000

and/or

15 years’ imprisonment

(10 years’ if cannabis)

Supply not less than a commercial amount

Fine of $385,000

and/or

20 years’ imprisonment

(15 years’ if cannabis)

The complexity of these offences requires the extensive knowledge and meticulous attention to detail which our lawyers provide. Our team has specialised knowledge in drug offences having assisted many clients successfully defend charges or obtain lesser penalties once sentenced.

If you have been charged with a drug offence, our experts can help. Contact us to schedule an appointment with one of our lawyers in our office.

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