Drug offences in New South Wales are divided into three broad categories:
Each type of offence depends on the type of drug and the weight of the drug. You can be charged with a ‘deemed’ supply if you have in your possession more than a trafficable quantity, even if you intended to use the drugs for personal use. Each category of offences has different penalties.
A full list of prohibited drugs can be found in Schedule 1 of the Drug Misuse and Trafficking Act 1985 (NSW).
Importation of a border-controlled drug is a Commonwealth offence and is most often prosected by the Australian Federal Police. This offence carries a maximum penalty of life imprisonment.
You can be charged for possessing a prohibited drug if the Police find in your possession a prohibited drug (i.e. cocaine, methamphetamine, marijuana, etc). This is a summary offence which can only be prosected in the Local Court of NSW. The maximum penalty for this offence is 2 years imprisonment.
This is a very common offence in NSW but can have significant consequences to your future plans if you are convicted. If you have been charged with this offence, you should seek immediate legal advice.
Supplying a prohibited drug is a very serious offence and carries severe penalties if convicted. The maximum penalty applicable to an offence of supply prohibited drug depends on the quantity of the drug as well as the whether the drug is cannabis or not, with penalties ranging from 10 years imprisonment to life imprisonment.
It is common for the Police to refuse bail to persons charged with supplying a prohibited drug. If you are charged with supplying a prohibited drug, you should seek immediate legal advice.
The offence of supplying a prohibited drug is broken down into 4 categories:
Depending on the type of drug and the quantity, these offences can be prosecuted in the Local Court of NSW or the District Court of NSW. The following table sets out the maximum penalties applicable to the different quantity ranges:
| Quantity | Cocaine | Methylamphetamine | Ecstasy | Heroin | Maximum Penalty |
| Small | 1 gram | 1 gram | 0.25 grams | 1 gm | 2 years imprisonment and/or a fine of $5,500 (if dealt with summarily)1 |
| Indictable | 5 grams | 5 grams | 1.25 grams | 5 grams | 15 years imprisonment and/or a fine of $220,000 |
| Commercial | 250 grams | 250 grams | 1.25 grams | 250 grams | 20 years imprisonment and/or a fine of $385,000 |
| Large Commercial | 1 kg | 1 kg | 500 grams | 1 kg | Life imprisonment and / or a fine of $550,000 |
To manufacture a prohibited drug means to:
Manufacturing is defined as “the process of extracting or refining the prohibited drug” and can include a wide range of activities.
The offence of manufacturing a prohibited drug is broken down into 4 categories:
These offences are predominantly prosected in the District Court of NSW and attract significant and severe penalties. If you are charged with manufacturing a prohibited drug, you should seek immediate legal advice.
To be convicted of this offence, the Police must prove the essential ingredients of this offence, which are:
With the right preparation and representation, absolutely.
In broad terms, it means that you had immediate physical possession of the drug. For example, if the drug is found in your pocket or your bag. Where you have control of a drug, this means that you intended to do something with it – i.e. use it, keep it, share it.
Yes, common defences include:
To supply a prohibited drug means to provide or attempt to provide a drug for sale. The Police do not need to prove that you actually supplied the drug, but rather that you intended or offered to supply the drug.
Yes. If you have in your possession anything more than a certain quantity (i.e. 3 grams of cocaine), then you will be deemed to have held that drug for the purposes of supply. This is called “deemed supply.”
You may be able to defend this charge if you can successfully prove that you didn’t hold this quantity with an intention to supply.
It is possible than you can be sentenced to jail, however this depends on the type of drug, the quantity involved, your criminal record, your personal circumstances and other factors.
If you are charged with supplying a prohibited drug, you should seek immediate legal advice.
To charge and convict someone with this offence, the Police must prove the following essential ingredients:
This could include a wide range of actions including setting up the equipment, cleaning the equipment or allowing your premises to be used for manufacturing a prohibited drug.
The term intention means that you knew your actions were for the purposes of extracting or refining a prohibited drug or that, in all the circumstances, you should have known that you were extracting or refining a prohibited drug.
is possible than you can be sentenced to jail, however this depends on the type of drug, the quantity involved, your criminal record, your personal circumstances and other factors.
If you are charged with manufacturing a prohibited drug, you should seek immediate legal advice.
