Understanding drug offences can be a difficult and daunting process. Laws have changed a lot over the years and society’s attitudes and understanding of drugs are constantly shifting. If you face a charge, you might be unsure about the consequences. Today we explain drug offences and what are considered controlled and prohibited drugs in NSW. If you think you may be facing drug offences, contact Jameson Law today.
What is the controlled drug legislation in NSW?
Drug Misuse and Trafficking Act 1985 (NSW)
In New South Wales, drug laws are primarily governed by the Drug Misuse and Trafficking Act 1985. This legislation categorises a broad range of controlled substances as “prohibited drugs”. Possession of larger amounts can lead to serious charges. It also covers “prohibited plants” such as cannabis, opium and coca. The Act sets out offences for use, possession, supply and trafficking, with seriousness linked to the quantity involved. It also covers cultivation, possession and manufacture of prohibited plants, as well as aiding others with drug-related offences. Prohibited drugs are listed in Schedule 1 and include cannabis, heroin, ecstasy, amphetamines, LSD, cocaine and methadone.
Additionally, synthetic drugs are regulated under both the Poisons and Therapeutic Goods Act 1966 (NSW) and the Drug Misuse and Trafficking Act 1985. You could also face liability for possessing controlled precursors used to make drugs. At the federal level, the Criminal Code Act 1995 (Cth) creates offences for importing and exporting “border controlled drugs”, and dealing with them after they enter Australia.
Supplying illegal drugs and maximum penalties
Supply is among the most serious drug charges. In NSW, cannabis is a prohibited drug. Supplying cannabis, especially in commercial quantities, can lead to very significant penalties under the Drug Misuse and Trafficking Act 1985. If you have been charged, see our Drug Offences Legal Guide and drug lawyer Sydney pages for options.
In NSW, penalties for cultivation or manufacture depend on quantity. For example, growing 50 cannabis plants can expose you to up to 10 years imprisonment and a substantial fine. For very large or commercial quantities, fines and maximum terms increase markedly. As an illustration, significant manufacture of MDMA can attract maximum penalties up to life imprisonment for large commercial quantities. The more drugs involved, the greater the exposure. It is critical to understand how quantities are defined and proved in court. For specific advice, get legal help before you speak to police. Start here: your right to silence and legal rights in arrest.
What are the maximum amounts of controlled drugs?
If you are caught with a substantial amount, police may allege you intended to supply rather than possess for personal use. Even if you say the drugs were for personal use, the court can treat it as “deemed supply” if the amount equals or exceeds the “traffickable quantity”. Thresholds are set per drug in Schedule 1 to the Drug Misuse and Trafficking Act 1985.
Common examples of traffickable quantities include:
- Cannabis (leaf or heads): 300 grams
- Cocaine: 3 grams
- Ecstasy (MDMA): 0.75 grams
- Heroin: 3 grams
- LSD: 15 tabs (or the mass specified in Schedule 1)
Large amounts of border controlled drugs are treated as especially serious, and may indicate manufacture or supply of commercial quantities under State or Commonwealth law. If police allege supply based on quantity alone, read our guide on possession vs deemed supply and speak to a lawyer early.
What can an expert drug lawyer do for your drug offence?
Imagine a routine traffic stop in NSW. During a search of your vehicle, police find a quantity of a controlled substance and charge you with possession. A drug lawyer can assess the circumstances of the stop and search, the quantity alleged, and how the evidence was obtained. You will get tailored advice on the charge and potential consequences.
Legal advice and assessment: a lawyer examines the arrest, any search powers used and the type and quantity of the substance. They explain the charge and potential outcomes.
Defences and mitigation: possible issues include unlawful search, contamination or quantity disputes. Diversion options may be available. Your lawyer can also gather material to reduce penalty if you plead.
Legal procedure and court representation: your lawyer guides filings, appears in court and negotiates with prosecutors. See our overview: how to navigate the criminal law process.
Understanding the system: an experienced advocate knows NSW criminal procedure and evidence rules, and how to challenge police testing and quantity certificates.
Protecting your rights: your lawyer ensures any interview is voluntary and lawfully recorded, and that you understand when to exercise the right to silence.
Being charged with a drug offence is stressful. Having a knowledgeable, experienced drug offences lawyer in Sydney can make a real difference to the result.
Speak to a lawyer today
Facing drug offence charges in NSW? Trust the professionals at Jameson Law. We understand controlled drugs, quantities and defences, and we fight to protect your rights. Contact Jameson Law for a confidential consultation today.
FAQs
Is there life imprisonment for drug offences in NSW?
Life terms are rare but can apply to very serious cases, for example large commercial quantities or serious Commonwealth import offences. Penalties depend on the Act charged and the amount involved.
What is the Drug Court in NSW?
The Drug Court is a specialist court focused on treatment and rehabilitation for eligible offenders. Learn more at our page Drug Court of New South Wales and the official site Drug Court of NSW.
