Drug offences cover a wide range of offending conduct, from the most common and minor offence of possessing a drug, to supply, manufacture and importation. The penalties vary significanty, depending on the type of drug, the weight and importantly, the circumstances surrounding the offence.
If you are facing a drug charge and require legal assistance, we invite you to contact your nearest Prime Lawyers office.
We have offices in Sydney, Parramatta, Chatswood, Sutherland and Wollongong.
Drug charges (NSW) cover an affray of offending behaviour and likewise, there is a significant variation in penalties available. The penalty an offender receives largely depends on the type and quantity of the drug in question and of course, the circumstances surrounding the offence.
We have provided the table below that outlines how the law determines the relevant quantities for the more common types of drugs.
It must be borne in mind that the below are the maximum penalties available. Also, even when someone is charged with supplying a drug or with one of the more serious drug offences, our experienced criminal lawyers are often successful in having the charge downgraded or defended.
Prohibited Drug
Small Quantity
Traffickable
Quantity
Indictable
Quantity
Commercial
Quantity
Large Commercial
Quantity
Cannabis Plant
5
-
50
250
1000
Cannabis Plant - enhanced indoor
5
-
50
50
200
Cannabis Leaf
30 g
300 g
1 kg
25 kg
100 kg
Cannabis Resin
5 g
30 g
90 g
2.5 kg
10 kg
Cannabis Oil
2 g
5 g
10 g
500 g
2 kg
Cocaine
1 g
3 g
5 g
250 g
1 kg
Heroin
1 g
3 g
5 g
250 g
1 kg
Amphetamine
1 g
3 g
5 g
250 g
1 kg
Ecstasy
0.25 g
0.75 g
1.25 g
125 g
0.5 kg
Possession
All possession charges are dealt with in the Local Court (unless a person is also charged with more serious drug supply offences). The maximum penalty for all drug possession charges is 2 years' imprisonment and/or a $5,500 fine.
Supply Offences
Small Quantity
A supply charge for the small quantity is usually dealt with in the Local Court. The maximum penalty for supplying a small quantity is $5,500 and/or 2 years' imprisonment.
Traffickable Quantity
As outlined above, if there is more than the traffickable quantity, the deeming provision applies. This means that above this amount, police can charge someone with a supply charge, even if there is no evidence of an actual supply having taken or about to take place. The maximum penalty in the Local Court is $11,000 and/or 2 years' imprisonment.
Indictable Quantity but less than the Commercial Quantity
If the matter is dealt with in the District Court and the drug is not cannabis plant or leaf, the maximum penalty is $220,000 and/or 15 years' imprisonment. If the drug is cannabis plant or leaf, the maximum penalty is $220,000 and/or 10 years' imprisonment.
More than Commercial Quantity
If the drug is cannabis plant or leaf the maximum penalty is $385 000 and/or 15 years' imprisonment.
If the drug is not cannabis plant or leaf, the maximum penalty is $385 000 and/or 20 years' imprisonment.
More than Large Commercial Quantity
If the drug is cannabis plant or leaf the maximum penalty is $550 000 and/or 20 years' imprisonment.
If the drug is not cannabis plant or leaf, the maximum penalty is $550 000 and/or life imprisonment.
Supply to persons less than 16 years of age
In all of the above categories, if the person being supplied to is less than 16 years of age, then the penalties are increased.
If you are facing drug charges (NSW), our experts at Prime Lawyers - Criminal Law Division can help. Contact us to make an appointment with one of our lawyers in Sydney, Parramatta, Chatswood, Sutherland or Wollongong.
Drug possession is the most common of drug charges that come before the Courts have to deal with. Our Drug Lawyers have represented clients charged with drug possession NSW wide, successfully defending charges and assisting people in avoiding a drug conviction.
The Law
Section 10 of the Drug Misuse and Trafficking Act 1985 states that a person who has a prohibited drug in his or her possession is guilty of an offence.
Penalties
The maximum penalty for the offence of possess prohibited drug is a fine of $5,500 and/or two years' imprisonment.
Commentary
It is important to understand what "possession" actually means. The law holds that to be in possession of a drug it must be in the exclusive physical control of the person. There must also be knowledge of the existence of the drug.
Being in physical control does not require ownership or even for the drug to be on or with the person. For example, someone may agree to storing drugs at their house for another. Despite the drugs not being owned by the person, they are guilty of the offence of drug possession.
There are circumstances where police find a drug to be in the presence of more than one person; such as in a car that has been stopped and searched. In those circumstances, where there are several occupants in the car, it can be difficult to charge anyone with possess prohibited drug, because the police may not be able to prove who, if anyone, was actually in possession of the drug. This, however, does not mean that police can only ever charge one person with possessing a prohibited drug. There are circumstances where police can charge more than one person with "joint possession".
A defence to a drug possession charge is that of "honest and reasonable mistaken belief" that the substance was not a prohibited drug. The prosecution is not required to prove the person's knowledge beyond knowing that the substance was in the person's possession/control. However, a person accused of possessing a prohibited drug can defend the charge if they are able to successfully raise the defence that, despite knowing about being in possession or control of the substance, they honestly and reasonably did not know that it was a prohibited drug.
Even if someone charged with a drug possession offence believes that they are unlikely to be able to defend the charge, it is still important to consider obtaining expert advice from an experienced criminal lawyer. Our criminal lawyers have a reputation for consistently obtaining outstanding results for clients charged with drug possession offences.
If you have been charged with possess prohibited drug or other drug possession NSW offence, our drug law experts at Prime Lawyers - Criminal Law Division can help. Contact us to make an appointment with a criminal lawyer at your nearest Prime Lawyers office.
Call us today to speak to one of ourDrug Lawyers Sydney, Parramatta, Chatswood, Sutherland or Wollongong.
Drug supply law is one of the most complex areas of criminal law. The complexity comes from a combination of the several different ways one can commit a supply offence; the different levels of involvement in drug supply and the various factors that need to be taken into account when sentencing someone for supplying a prohibited drug. As a result, the severity of the likely penalties also varies, due to the many different scenarios that can constitute the different types and levels of drug supply.
The Law
Section 25 of the Drug Misuse and Trafficking Act 1985 states that:
A person who supplies, or who knowingly takes part in the supply of, a prohibited drug is guilty of an offence.
Penalties
The maximum penalties for supply prohibited drug NSW offences are as follows:
For a small quantity that is less than the traffickable amount, the maximum penalty is a fine of $5,500 and/or 2 years' imprisonment.
For more than the traffickable amount and less than the indictable amount, the maximum penalty is a $11,000 fine and/or 2 years' imprisonment.
For supply of an indictable amount the maximum penalty is a fine of $220,000 and/or 15 years' imprisonment If the prohibited drug is cannabis, then the maximum penalty is a fine of $220,000 and/or 10 years' imprisonment.
For supply of a prohibited drug not less than a commercial quantity the maximum penalty is a fine of $385,000 and/or 20 years' imprisonment. If the prohibited drug is cannabis, then maximum penalty is a fine of $385,000 and/or 15 years' imprisonment.
Commentary
The offence of supplying a prohibited drug can be committed in several ways, some of which may not be that obvious to many. For instance, there is a misconception that in order for an act to constitute a supply, money needs to be involved. Although supplying a drug for profit is considered more serious and the most common form of supply, it is not an element of a supply offence. Obtaining drugs for another is supply. Apart from one exception, simply giving a drug to another constitutes a supply. (The exception to this is where a person is given drugs to hold for another and then that person gives the drug back. Depending on the amount of drugs, this can constitute possession, only, as the person was simply acting as a bailee for the other - essentially, the drug remains the property of the other and was merely in the person's possession/control.)
There also does not need to be a direct, physical involvement in the actual transaction that constitutes the supply, to be found guilty of supplying a prohibited drug. This can be understood from how the the law defines "supply", which includes sell and distribute, and also includes agreeing to supply, or offering to supply, or keeping or having in possession for supply, or sending, forwarding, delivering or receiving for supply, or authorising, directing, causing, suffering, permitting or attempting any of those acts or things.
Actual Supply
In a trial for a simple case of actual supply, the prosecution must prove that:
The accused supplied a substance to another person
The substance that was supplied was a prohibited drug
The accused knew or believed at the time of the supply that the substance was a prohibited drug.
To satisfy the first element, the prosecution just needs to prove that the accused intentionally gave the substance to another person. The prosecution then needs to prove that the substance supplied was a particular drug. The prosecution therefore needs to prove what the substance is. However, it is important to note that the prosecution does not need to prove that the entire substance supplied is a drug. The purity of the substance is not an issue when determining whether the substance is a drug.
The final element, being the accused's knowledge or belief that the substance was a prohibited drug, can be proved by the circumstances of the case. The prosecution does not need to prove that the accused knew that the substance was a particular drug; it is sufficient to prove that the accused knew or at least believed that the substance was a prohibited drug of some sort. As noted, a jury can draw on the circumstances of the case to determine whether they are satisfied that the accused at least had a belief that the substance was a drug. In most cases where knowledge becomes an issue, although not required by law, the practical circumstances of the case will typically result in the accused having to provide evidence in his or her case to counter the allegation that he or she had knowledge that the substance was a prohibited drug.
Knowingly take part in supply
One can commit a supply offence by "knowingly taking part" in the supply of a prohibited drug. Pursuant to the Drug Misuse and Trafficking Act, a person takes part in the supply of a prohibited drug if:
(a) the person takes, or participates in, any step, or causes any step to be taken, in the process of that supply,
(b) the person provides or arranges finance for any such step in that process, or
(c) the person provides the premises in which any such step in that process is taken, or permits any such step in that process to be taken in the premises.
Deemed Supply
Pursuant to section 29 of the Drug Misuse and Trafficking Act, if a person is in possession of not less than the traffickable quantity of a prohibited drug, then the possession is deemed to be for the purpose of supply of that drug. It is a matter for the authorities whether someone is charged with supply, relying on the deeming provision. There are circumstances where the police exercise their discretion to not charge someone with supply even if they are in possession of the traffickable quantity.
Once charged with supply as a result of the "deeming" provision, the onus falls on the accused person to prove they were in possession of the prohibited drug for a purpose other than supply.
Our criminal lawyers are experienced in having deemed supply charges reduced to possession charges.
To see the traffickable quantity for some of the more common prohibited drugs, see our table here.
The maximum penalties for supply offences are severe. The law also holds that where someone is found to be substantially involved in the supply of prohibited drugs, then a full time custodial sentence should be imposed, unless there are exceptional circumstances.
Due to the complexity of drug supply law and the severe penalties that are imposed, it is imperative to seek legal advice and representation from an experienced criminal lawyer.
If you have been charged with supply prohibited drug or other drug supply charges, our experts at Prime Lawyers - Criminal Law Division can help. Contact us to make an appointment with a criminal lawyer at your nearest Prime Lawyers office.
We have drug lawyers in Sydney,Parramatta, Chatswood, Sutherland and Wollongong.
Pursuant to section 24 of the Drug Misuse and Trafficking Act 1985, states a person who manufactures or produces, or who knowingly takes part in the manufacture or production of, a prohibited drug is guilty of an offence.
Penalties
Manufacturing prohibited drugs: The maximum penalty is a $220,000 fine or 15 years' imprisonment or both. If the offence involves cannabis, the maximum penalty is a fine of $220,000 or 10 years' imprisonment or both.
Manufacturing prohibited drugs and exposing that process to a child: The maximum penalty is a $264,000 fine or 18 years' imprisonment, or both.
Manufacturing prohibited drugs not less than the commercial quantity: The maximum penalty is a $385,000 fine or 20 years' imprisonment or both. If the drug was cannabis, the maximum penalty is a $385,000 fine or 15 years' imprisonment or both.
Manufacturing an amount of prohibited drugs not less than a commercial quantity whilst exposing a child to the production process: The maximum penalty is a $462,000 fine or 25 years' imprisonment or both.
Commentary
Exposure of a child (under 16 years of age) to drug manufacturing offences incurs more severe penalties. A further determinant of severity is the amount of drug being produced. It is a defence to a prosecution for an offence involving the exposure of a child to drug manufacturing or production if the accused person establishes that the exposure of the child to the prohibited drug manufacturing or production process, or to substances being stored for use in that manufacturing or production process, did not endanger the health or safety of the child.
Section 35A of the Act outlines a further defence; that it is not illegal to possess or manufacture a prohibited substance if the substance is contained in a product where the substance cannot be readily extracted, or in a product not for human consumption, or if the substance is possessed for the purpose of its disposal as waste or its destruction.
If you or someone you know have been charged with the production or manufacture of a prohibited drug, then you require the assistance of criminal lawyers with special expertise in drug supply law. We invite you to contact one of criminal law experts at your nearest Prime Lawyers office. Our lawyers are able to meet with you at various office locations and will of course travel to any correctional facility to meet with anyone who remains bail refused.
We have offices in Sydney, Parramatta, Chatswood, Sutherland and Wollongong.
Supplying a prohibited drug on an ongoing basis is a serious drug offence. The offence (known as "Ongoing Supply") targets not only those involved in drug distribution at the higher levels, but "street dealers" as well, who are often more likely to be charged with this offence. The preconditions that need to be present to make out the offence of supply prohibited drug on an ongoing basis can be easily met, which places low level drug dealers at risk of being charged with this more serious form of "drug supply".
The Law
Pursuant to section 25A of the Drug Misuse and Trafficking Act 1985, a person who, on 3 or more separate occasions during any period of 30 consecutive days, supplies a prohibited drug (other than cannabis) for financial or material reward is guilty of the offence of ongoing supply.
Penalties
The maximum penalty for the offence of supply prohibited drugs on an ongoing basis is $385,000 and/or 20 years' imprisonment or both.
Commentary
Court statistics show that a conviction for supplying prohibited drugs on an ongoing basis will result in more severe penalties than a standard drug supply charge (if the amount is below the commercial quantity for the drug supply charge). Nearly all people convicted of supplying on an ongoing basis receive a form of imprisonment and the overwhelming majority of those convicted receive full time gaol.
All it takes is for someone to have sold a small quantity, on 3 separate occasions over a 30 day period, to have committed this serious supply offence and facing the prospect of a full time prison sentence. The drug also does not necessarily need to be the same prohibited drug on each occasion.
If the charge is being defended and the trial heard before a jury, the jury must be satisfied as to the same 3 occasions of supply: all jurors must agree on the same 3 occasions and that a supply (for money) occurred and did not fall under any other category or fall short of the offence of supply.
If the jury is not satisfied of the occurrence of a supply on an ongoing basis but is satisfied that the offence of supply has been committed previously, the accused can be found guilty of a standard supply offence.
Importantly, a person who has been convicted of an offence under this section is not liable to be convicted of a relevant supply offence or a separate offence under this section, using the same facts as were used to convict the person under this section. in other words, if a person is found guilty of this offence, they cannot also be found guilty of three separate supply offences for the same instances of supply that make up the ongoing supply charge.
As the prosecution needs to rely on 3 or more separate charges of supply, given the right circumstances, it can be possible to negotiate a successful "downgrading" of the overall more serious charge to one or more lesser supply charges.
If you have been charged with supplying prohibited drugs on an ongoing basis ("ongoing supply"), our experts at Prime Lawyers - Criminal Law Division can help. Contact us to make an appointment with a criminal lawyer at your nearest Prime Lawyers office.
We have offices in Sydney, Parramatta, Chatswood, Sutherland and Wollongong.
Section 25 of the Drug Misuse and Trafficking Act 1985 states that:
(1A) A person of or above the age of 18 years who supplies, or who knowingly takes part in the supply of, a prohibited drug (other than cannabis leaf) to a person under the age of 16 years is guilty of an offence.
(2C) A person of or above the age of 18 years who procures a person under the age of 16 years to supply, or take part in the supply of, a prohibited drug (other than cannabis leaf) to another person is guilty of an offence.
The severity of these offences is determined by the quantity that is supplied.
Penalties
Supply drugs to a minor: The maximum penalty is a a $462,000 fine or 24 years 'imprisonment or both. If the prohibited drug is cannabis, then the maximum term of imprisonment is 18 years.
Supply of a prohibited drug not less than a commercial quantity to a minor: The maximum penalty is a $462,000 fine or 25 years' imprisonment, or both.
Procuring a minor to take part in the supply of a drug: The maximum penalty is a $264,000 fine or 18 years' imprisonment or both.
Procuring a minor to take part in the supply of a drug, the quantity of which is not less than a commercial quantity: The maximum penalty is a $462,000 fine or 25 years' imprisonment or both.
Commentary
A defence to the charge of supply prohibited drug to a minor is if the accused, at the time of the offence, had reasonable cause to believe and did in fact believe that the person to whom they were supplying the drug to was not below the age of 16 years. If the defence is accepted, and the element of supplying the prohibited drug is made out, then the person will be found "guilty" of the offence of supply prohibited drug, only.
Also, those licensed or authorised under the Poisons and Therapeutic Goods Act 1966 or somebody given authority by the Director General of the Department of Health are exempt from liability, as is somebody acting in accordance with directions from the Commissioner of Police with regard to the use of prohibited plants and prohibited drugs in controlled operations and integrity testing programmes.
If you or someone you know have been charged with a drug supply offence, our experts at Prime Lawyers - Criminal Law Division can help. Contact us to make an appointment with a criminal lawyer at your nearest Prime Lawyers office.
We have offices in Sydney, Parramatta, Chatswood, Sutherland and Wollongong.
Our Sydney Drug Lawyers appear in all types of drug charges NSW and Australian Federal Police bring before the NSW Criminal Courts.
Our criminal solicitors have experience representing clients from all over NSW in matters such as drug possession, drug supply, supplying a commercial quantity and drug importation.
From assisting clients to avoid a criminal conviction for less serious matters to running sentencing hearings and criminal trials in the District Court for the more serious drug supply or importation offences, our lawyers have the necessary experience and expertise to ensure that your chances of obtaining a favourable result are maximised.
Drug law, particularly in relation to drug supply is one of the most complex areas of the criminal law, so it is important to obtain the services of a criminal lawyer with a high level of experience dealing with all types of drug charges. (For further information on the services we provide, feel free to peruse our section on Drug Charges NSW)
A sound knowledge and application of drug laws could mean the difference between no criminal conviction or a possible gaol sentence. A proper understanding of the criminal law relating to drug charges can prove a significant difference in the overall result. For example, when charged with drug supply, it is possible, with a good knowledge of the law and using the right approach, to have the charge reduced to a drug possession charge, even when it appears at face value that a supply offence has been committed. (Read more on an example of one of our experienced criminal lawyers having a supply charge reduced to possession and then obtaining a section 10 dismissal without conviction in our Drug Supply Case Study)
Our lawyers go out of their way to try and defend all drug charges and, where this is not possible, do everything we can to reduce the severity of the penalty that our client is likely to receive.
With our lawyers working from our head office in the Sydney CBD and multiple other office locations, we are available to meet with you at your convenience and attend all major NSW Courts and, where required, meet with clients in all major correctional centres.
If you are facing a drug charge or know someone who requires the assistance of an experienced criminal lawyer, contact us today.
We have offices in the Sydney CBD, Parramatta, Chatswood, Sutherland and Wollongong.
A member of our legal team will contact you as soon as possible.
We will endeavour to make this time available to you, however it is possible that your prefered time is already taken.
We will contact you shortly to confirm your appointment time or to arrange another suitable time for you to attend. Please ensure your contact details are correct and please wait until you hear from us to confirm your appointment has been booked.
Tell us about your legal matter so we can provide you with a no obligation quote or details of our costs to help you.
