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If you’re facing charges of drug possession, we can help. Morrisons criminal lawyers can provide legal advice about your rights, possible defences and penalties. Before you enter a plea, it is crucial you speak with a lawyer. Whether negotiating reduced charges or representing you in court, our team is committed to securing the best possible outcome for you.
In NSW, it is an offence to possess, use, produce or supply a drug which has been declared prohibited. Most drug charges in NSW are laid under the Drug Misuse and Trafficking Act 1985 (NSW).
This law defines a wide range of prohibited drugs including cannabis, heroin, ecstasy and cocaine. Offences under this Act include drug use, possession, supply, cultivation and manufacturing. The severity of charges often depends on the quantity involved.
Additionally, the Commonwealth Criminal Code governs drug importation and exportation across Australia, aligning with international treaties focused on drug control.
Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
Drug offences in NSW encompass a range of activities, from drug manufacture to trafficking and possession. The Act creates offences for:
Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
Possession
It is an offence to possess an illicit drug in NSW. The Schedule to the Drug Misuse and Trafficking Act 1985 (NSW) lists all the drugs which are illegal in NSW. This includes cannabis (without a prescription), cocaine, MDMA, heroin and many others.
The maximum penalty for a possession offence, regardless of the type of drug, is 2 years imprisonment and/or a $2,200 fine.
Infringement notices for small quantities
If you are caught by Police with a small amount of a drug, they may decide to penalise you by way of an infringement notice (an on-the-spot fine). However, this is at the discretion of the Police officer.
Alternatively, Police may issue you with a Court Attendance Notice which will require you to attend the Local Court. It is recommended that you seek legal advice before the court date on the notice.
Supply a prohibited drug
It is an offence to supply a prohibited drug in NSW. Supply has a wide definition and includes:
Supply offences are tiered based on the quantity of the drug and the type of drug. This determines which court your case will be finalised in, as well as the maximum penalty for the offence.
Drugs are broken into five quantities – small, traffickable, indictable, commercial and large commercial. The amount will vary depending on the type of prohibited drug. An outline of these quantities is below:
| Prohibited drug | Small quantity | Traffickable quantity | Indictable quantity | Commercial quantity | Large commercial quantity |
| Cannabis leaf | 30g | 300g | 1000g | 25kg | 100kg |
| Cannabis oil | 2g | 5g | 10g | 500g | 2kg |
| Cannabis plant | 5 | N/A | 50 | 250 | 1000 |
| Cocaine | 1g | 3g | 5g | 250g | 1kg |
| Heroin | 1g | 3g | 5g | 250g | 1kg |
| Amphetamine | 1g | 3g | 5g | 250g | 1kg |
| Ecstasy (MDMA) | 0.25g | 0.75g | 1.25g | 125g | 500g |
The penalties for supplying prohibited drugs
The penalty for supplying a prohibited drug will depend on the type of drug and the quantity involved. The table below outlines these penalties, but this does not apply to offences involving the supply of cannabis plants and cannabis leaf.
| Charge | Local Court – Maximum Penalty | District Court – Maximum Penalty |
| Supply (less than small quantity) | $5,500 and 2 years imprisonment | $220,000 and 15 years imprisonment |
| Supply (more than small quantity, but less than indictable quantity) | $11,000 and 2 years imprisonment | $220,000 and 15 years imprisonment |
| Supply (more than the indictable quantity, but less than the commercial quantity) | $11,000 and 2 years imprisonment | $220,000 and 15 years imprisonment |
| Supply (more than the commercial quantity, but less than the large commercial quantity) | N/A (charge cannot be finalised in the Local Court) | $385,000 and 20 years imprisonment |
| Supply (more than the large commercial quantity) | N/A (charge cannot be finalised in the Local Court) | $550,000 and life imprisonment |
The maximum penalties vary where the prohibited drug is cannabis leaf or cannabis plants. Please ensure you get legal advice about which penalties apply to you, based on the details of your case.
Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
If you are charged with a supply offence, you may be able to raise one of the following defences.
| Personal use | If you are charged with a quantity amounting to a supply offence but only intended to use the substance for personal use, you may be able to raise this defence. However, note that the law presumes if the drugs are over a certain quantity, then they are for supply. |
| Possession | For certain charges, including an allegation of ‘deemed supply’, it must be proved beyond reasonable doubt that you possessed the prohibited drugs for the purpose of supplying them. Lack of proof of this element would mean that the charge could not be proven. |
| The “Carey” defence | Supply does not include the temporary possession of a prohibited drug, with the intention of returning it to the owner of the drug. This can apply to the whole quantity, as well as part of the quantity. |
| Duress | This defence requires the criminal acts to be because of threats of death or really serious injury to you or a member of your family – and the nature of those threats are such that a person of ordinary firmness, of same maturity and sex, and in your position – would have given in to them and committed the crime demanded of them. |
| Necessity | This defence requires that:
|
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It is illegal to manufacture and produce prohibited drugs. A person can be charged with this offence if they cook, prepare, produce or manufacture illegal drugs, or if they participate in any part of such behaviour.
These are serious offences as they involve the creation of drugs that are for the purpose of use in the community. They carry significant maximum penalties, which vary depending on the type of drug and the quantity.
Contact us today for a free initial consultation to discuss your legal options.
Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
In NSW, if you are found in possession of a prohibited drug, you can be charged with deemed supply if the amount is greater than the “traffickable quantity”. It is then presumed that you possess those drugs for the purpose of supply, unless you satisfy the Court otherwise.
Yes. You are entitled to plead not guilty. It is the role of the prosecution to prove beyond reasonable doubt that you committed the offence.
If you have received a court attendance notice, then you will go to Court and enter a plea of guilty. You will then go through a sentence process, where you receive a penalty or punishment for the charge. The sentence can vary depending on many factors – such as the quantity of the drug, the circumstances of possession and your criminal record.
A section 10 dismissal is where the court dismisses the charge without recording a conviction – allowing you to avoid having a conviction on your criminal record. This is done under section 10(1) of the Crimes (Sentencing Procedure) Act 1999. There are other types of section 10s, such as conditional release orders (good behaviour bonds), without conviction.
If you have been convicted in the Local Court, you can appeal to the District Court. Any appeal must be lodged within 28 days of your date of sentence, or within 3 months if the District Court grants you leave. The District Court has the power to vary your sentence, including not recording a conviction.