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Drug | Possess & Supply | Factsheet
Drug | Possess & Supply | Factsheet
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Criminal Offences
The legislation controlling drug possession and supply charges is the Drug Misuse and Trafficking Act 1985 (NSW) (‘the Act’)
The Drug Misuse and Trafficking Act lists a whole range of controlled and illicit substances including:
- Cocaine;
- MDMA/Ecstacy;
- Ketamine;
- Heroin;
- Methanphetamine (Ice/Meth); and
- Marijuana.
The full list of prohibited drugs are in a list under Schedule 1 of the Act.
Possession Of Prohibited Drug
Section 10 of the Act outlines that the possession of prohibited drugs is unlawful. The penalty for an offence under this section is a fine of $2200 or 2 years imprisonment, or both.
Prosecution has to prove: that beyond reasonable doubt, the accused had ‘custody’ or ‘control’ of the drug
Supply Of Prohibited Drugs
“Supply”
Supply can be:
- holding drugs for your friends;
- agreeing to give someone drugs;
- offering to give someone drugs;
The law: s25 of Drug Misuse and Trafficking Act 1985
Penalty: Penalty depends on type and quantity of drug: Less than indictable quantity: max 2 years prison.
Prosecution has to prove: Supplying or knowingly taking part in the supply of prohibited drugs
“Deemed Supply”
If you are in possession of an amount equal to or more than the ‘traffickable quantity’ for that drug, the law deems you to have it in your possession for supply, unless you can prove it wasn’t for supply. This is in s29 of the Act. This charge is more serious than a possession charge and with it comes higher penalties, therefore, it is important that you speak to a lawyer about your legal options.
Schedule one of the Act, sets out the amounts for each category:
If a person faces charges of deemed supply or actual supply of less than an indictable quantity of drugs, a magistrate deals with the case in the Local Court, the maximum penalty is 2 years imprisonment and/or a fine of up to $11,000.
Defences To Drug Charges
You may face charges of possession of a prohibited substance even if you do not own the drugs. This being said, you may wish to plead ‘not guilty’ and defend the charges in a contested hearing in a number of instances. For example:
You were not aware that the drugs were in your possession:
If you did not have knowledge that the drugs were in your possession, speak to one of our lawyers to get advice on your case.
You did not have exclusive possession of the drugs:
In circumstances where the police found the drugs in an area that another person can access, you can argue that you did not have exclusive possession. For example, if the drugs were in a shared area of your house.
Police conducted an illegal search:
If the police did not have a ‘reasonable suspicion’ to search you, our drug lawyers can argue on your behalf that the police search was illegal. This can result in the dismissal of the charges against you.
This may include where police conducted an illegal search as the result of a drug-detection dog at a festival. See our fact sheet here.
Read our case study where we helped MHA get his charges dismissed after our drug lawyers argued that the police had stopped and searched his car outside their lawful powers.
Pleading Guilty To Drug Charges
Before entering a plea, it is important that you speak to our experienced drug lawyers to determine whether you might have an argument for pleading ‘not guilty’. Our lawyer will also inform you about the possible penalties you could face if you do.
Where you intend to plead guilty, we can represent you in your sentencing hearing to get the best possible outcome. The type of sentence that you will receive will depend on the circumstances of your case.
Helping you avoid a criminal conviction
People often approach us who have worries about getting a criminal conviction which will impact on their current employment or future career prospects. Even where you plead guilty to possession of prohibited drugs, we can assist you in trying to avoid a conviction by asking for a ‘Section 10’ order. Our drug lawyers have helped a large number of clients in avoiding a conviction including TM – a teacher, KM – a medical practitioner and YP – a young person.
Dismissing Drug Possession Charges by way of Mental Health Provision
We have experience in helping clients apply to the court to have their cases dealt with under the mental health provisions. If you suffered from a mental illness, mental condition or cognitive impairment at the time that you allegedly possessed the drugs, you may be able to have the charges dismissed by way of a section 14 mental health order.
Appealing a Conviction or Sentence for Drug Possession Charges
Speak to us if you are thinking about appealing your conviction or sentence. We helped UDJ successfully appeal his conviction and sentence on the ground of severity. His initial sentence of a $500 fine and conviction was downgraded to a non-conviction order.
The legislation controlling drug possession and supply charges is the Drug Misuse and Trafficking Act 1985 (NSW) (‘the Act’)
The Drug Misuse and Trafficking Act lists a whole range of controlled and illicit substances including:
- Cocaine;
- MDMA/Ecstacy;
- Ketamine;
- Heroin;
- Methanphetamine (Ice/Meth); and
- Marijuana.
The full list of prohibited drugs are in a list under Schedule 1 of the Act.
Section 10 of the Act outlines that the possession of prohibited drugs is unlawful. The penalty for an offence under this section is a fine of $2200 or 2 years imprisonment, or both.
“Deemed Supply”
If you are in possession of an amount equal to or more than the ‘traffickable quantity’ for that drug, the law deems you to have it in your possession for supply, unless you can prove it wasn’t for supply. This is in s29 of the Act. This charge is more serious than a possession charge and with it comes higher penalties, therefore, it is important that you speak to a lawyer about your legal options.
Schedule one of the Act, sets out the amounts for each category:
If a person faces charges of deemed supply or actual supply of less than an indictable quantity of drugs, a magistrate deals with the case in the Local Court, the maximum penalty is 2 years imprisonment and/or a fine of up to $11,000.
You may face charges of possession of a prohibited substance even if you do not own the drugs. This being said, you may wish to plead ‘not guilty’ and defend the charges in a contested hearing in a number of instances. For example:
You were not aware that the drugs were in your possession:
If you did not have knowledge that the drugs were in your possession, speak to one of our lawyers to get advice on your case.
You did not have exclusive possession of the drugs:
In circumstances where the police found the drugs in an area that another person can access, you can argue that you did not have exclusive possession. For example, if the drugs were in a shared area of your house.
Police conducted an illegal search:
If the police did not have a ‘reasonable suspicion’ to search you, our drug lawyers can argue on your behalf that the police search was illegal. This can result in the dismissal of the charges against you.
This may include where police conducted an illegal search as the result of a drug-detection dog at a festival. See our fact sheet here.
Read our case study where we helped MHA get his charges dismissed after our drug lawyers argued that the police had stopped and searched his car outside their lawful powers.
Before entering a plea, it is important that you speak to our experienced drug lawyers to determine whether you might have an argument for pleading ‘not guilty’. Our lawyer will also inform you about the possible penalties you could face if you do.
Where you intend to plead guilty, we can represent you in your sentencing hearing to get the best possible outcome. The type of sentence that you will receive will depend on the circumstances of your case.
Helping you avoid a criminal conviction
People often approach us who have worries about getting a criminal conviction which will impact on their current employment or future career prospects. Even where you plead guilty to possession of prohibited drugs, we can assist you in trying to avoid a conviction by asking for a ‘Section 10’ order. Our drug lawyers have helped a large number of clients in avoiding a conviction including TM – a teacher, KM – a medical practitioner and YP – a young person.
Dismissing Drug Possession Charges by way of Mental Health Provision
We have experience in helping clients apply to the court to have their cases dealt with under the mental health provisions. If you suffered from a mental illness, mental condition or cognitive impairment at the time that you allegedly possessed the drugs, you may be able to have the charges dismissed by way of a section 14 mental health order.
Appealing a Conviction or Sentence for Drug Possession Charges
Speak to us if you are thinking about appealing your conviction or sentence. We helped UDJ successfully appeal his conviction and sentence on the ground of severity. His initial sentence of a $500 fine and conviction was downgraded to a non-conviction order.
“I’ve am facing drug offence charges, what do I do?” The first step is to consult a lawyer. We offer free initial consultations from our criminal solicitors.
How we Can Help
O’Brien Criminal & Civil Solicitors is a full-service criminal defence law firm meaning that we provide legal advice on both criminal and civil law. After the completion of your criminal case, we can continue to represent you in your civil matter (if one exists). We have represented many clients in their criminal matters and then proceeded to assist them in making a civil claim against the police for unlawful arrest and false imprisonment, or suing a publisher for defamation.
Your first consultation with one of our criminal lawyers is free. This is your opportunity to speak to us about your case and for us to discuss with you what your options are. If you choose to proceed with our services we will provide you with a cost agreement that sets out your legal fees. O’Brien Criminal and Civil Solicitors provides cost-effective and professional legal advice compared with other law firms. In some instances, we offer reduced fees or pro bono services at the discretion of our Principal. We can also assist you in applying for Legal Aid if you are eligible. Speak to us if you have concerns regarding your ability to pay your legal fees and we can discuss the possibility of accommodating your circumstances.
Our criminal lawyers have handled cases in courts across NSW at Local Courts, District Courts and the NSW Court of Criminal Appeal. They have a wealth of experience in assisting clients with bail applications, trials, sentencing hearings and appeals to name a few.
Our team includes Accredited Specialists in Criminal Law.
Specialist Accreditation is a structured peer to peer assessment process enabling legal practitioners to be recognised for their expertise. To be accredited specialists must pass a series of meticulous assessments on both legal knowledge and its application in practice. To retain their accreditation specialists must undertake significant additional professional development in their area of expertise each year.
O’Brien Criminal and Civil Solicitors utilises a trauma-informed lawyering approach when interacting with our clients. We understand that you have dealt with traumatic events and that engaging with authorities and courts is a stressful experience that might re-traumatise you. For this reason we are sensitive to your mental and emotional needs and will assist you in an appropriate manner. Read more about our thoughts on trauma-informed lawyering.
