Possession is the most common drug charge, and for a first offence a conviction is not inevitable. Here’s what police have to prove, and the line where possession becomes a supply charge.
This guide covers possession for personal use. Supply is a separate and far more serious charge.
Try it outThese are the numbers the law sets. What happens in your matter depends on your record and your circumstances, and a solicitor at Daoud Legal - Criminal Defence reviews every matter.
Possession of a prohibited drug is the most common drug offence. To prove possession, police must show you knew about the drug and had control over it.
Generally, a person will only be charged with possession of a prohibited drug where there are only enough drugs found for personal consumption, and there is no evidence of drug manufacturing or dealing.
If the substances were found in a shared space, vehicle or property, this can create significant doubt. Establishing lack of knowledge or control is often central to a defence.
Under the Drug Misuse and Trafficking Act 1985 (NSW), the court can impose the following maximum penalties:
| Offence | Maximum penalty | Maximum fine |
|---|---|---|
| Possession of a prohibited drug | 2 years imprisonment | $2,200 |
A drug charge is a criminal offence that can result in a conviction, fines, community-based penalties or imprisonment. For lower-level possession charges, alternatives such as fines, Conditional Release Orders or non-conviction orders may be available.
Under NSW law, if you are caught with a certain quantity of a prohibited drug, known as a ‘trafficable quantity’, the police can presume you intended to supply it, even if there is no other evidence.
The traffickable quantity of a drug is not as much as a person may otherwise think. 3 grams of cocaine, heroin or methylamphetamines, 0.75 grams of MDMA (approximately 2 to 3 pills) or 300 grams of cannabis leaves will be an adequate amount to satisfy a charge for supply.
These amounts are typically less than what some party-goers will use in a single night, so it is possible to be charged with supply even if the drugs were for personal use only. The burden then falls on you to show, on the balance of probabilities, that the drugs were not for supply.
Having no prior criminal history is a significant factor that the court will consider in your favour. For first-time offenders, particularly in drug possession cases, the court can grant a non-conviction order like a Section 10, allowing you to maintain a clean record.
A drug conviction can impact employment, professional licences and visa status. Certain industries require background checks, and non-citizens may face visa complications. Avoiding a recorded conviction, where possible, can be critical to protecting your future opportunities.
Talk it through with us. A short conversation works out whether yours is a matter you can run yourself, and a solicitor at Daoud Legal - Criminal Defence reviews every matter before anything goes near a courtroom.
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