Drug Offences

Drug Possession

Possession of a prohibited drug is an offence under section 10 of the Drug Misuse and Trafficking Act 1985 (NSW). An expert defence team can advocate for you to avoid a criminal record even if you enter a guilty plea. Drug possession is a serious offence, being in possession of a couple of pills carries a maximum penalty of 2 years in prison and/or a $2200 fine.

If you are arrested and charged with drug possession contact us, our first consultation is free and we offer fixed fees for some court representation to assist you.

In drug possession matters generally all the prosecution needs to prove is that the drugs were in your possession and that you knew, or should have known, they were in your possession.

A complete list of prohibited drugs is provided in Schedule 1 of the Drug Misuse and Trafficking Act 1985.

Every case is different however if you have a good record, you may wish to enter an early guilty plea and seek a Section 10 Dismissal or a Non-Conviction Conditional Release Order. This will mean you do not get a criminal record and a fine. However, this sentencing option is not always appropriate or attainable even if an offender has no prior criminal history, the nature of the offence and the circumstances need to be examined by an experienced Lawyer to protect your rights and in some circumstances to avoid imprisonment

There are many reasons why you may wish to enter a not guilty plea. Any legal defence will be decided upon on a case-by-case basis.

Drug Supply

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.

A supply charge is far more serious than a possession charge. Money does not need to be involved for a charge of supply prohibited drug. Simply obtaining the drugs for another is supply, as is giving drugs to somebody unless they intend to give them back.

The quantities of each drug considered to be small, traffickable or commercial quantity are specified in Schedule 1 of the Act and are very low in some cases.

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.

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:

The person takes, or participates in, any step, or causes any step to be taken, in the process of that supply,
The person provides or arranges finance for any such step in that process, or
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.
The maximum penalties for supply prohibited drug in NSW 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.
Guilty plea

On a plea of guilty, the penalty imposed will depend on the seriousness of the offence and individual circumstances.

At Gergis Solicitors we have over 25 years experience in criminal Law to achieve the best possible outcome for you.