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In NSW, a court can impose number of the penalties for a possess prohibited drug charge

In NSW, it is an offence to possess, use, produce or supply a drug which has been declared prohibited. Most drug charges in NSW are laid under the Drug Misuse and Trafficking Act 1985. The Commonwealth Criminal Code covers offences involving importing and exporting drugs. 

The penalty will largely depend on the quantity of the drug you had in possession or were supplying. Listed below are the drug offences in New South Wales and their corresponding maximum penalties.

SECTION

DESCRIPTION

PENALTY (MAX)

10(1)

Possess prohibited drug — unlimited amount

20 penalty units  and/or 2 yrs

11(1)

Possess equipment for administration of prohibited drugs

20 penalty units  and/or 2 yrs

11A(2), (3)

Sale, supply, display in/in connection with shop waterpipes or ice pipes

20 penalty units  and/or 2 yrs

11B(1)

Possess a tablet press capable of using to produce prohibited drug

20 penalty units  and/or 2 yrs

11C(1)

Possess document with instructions for manufacture/production of prohibited drug

20 penalty units  and/or 2 yrs

12(1)

Self-administration of prohibited drug

20 penalty units  and/or 2 yrs

13(1)

Administration of prohibited drug to others

20 penalty units  and/or 2 yrs

14(1)

Permit another to administer prohibited drug

20 penalty units  and/or 2 yrs

15

Forging prescriptions

20 penalty units  and/or 2 yrs

16

Obtaining prescription by false representation

20 penalty units  and/or 2 yrs

17

Obtaining prohibited drug by false representation

20 penalty units  and/or 2 yrs

18(1)

Obtaining prohibited drug from medical practitioners, etc

20 penalty units  and/or 2 yrs

18A(1)

Advertising/holding out premises available for administration prohibited drug

20 penalty units  and/or 2 yrs

19

Aid/abet commission offence under Div 1 in New South Wales

20 penalty units  and/or 2 yrs

20

Aid/abet commission offence under Div 1 outside New South Wales

20 penalty units  and/or 2 yrs

36X(1)

Person found on, or found entering or leaving, drug premises

1st off 50 penalty units  and/or 12 mths
Note: 2nd off — strictly indictable

36Y(1)

Owner/occupier knowingly allow premises to be used
as drug premises

1st off 50 penalty units  and/or 12 mths
Note: 2nd off — strictly indictable

36Y(2)

Owner/occupier knowingly allow premises to be used as
drug premises and knows child has access

1st off 60 penalty units  and/or 14 mths
Note: 2nd off — strictly indictable

36Z(1)

Organising/conducting, or assisting in organising or
conducting, any drug premises

1st off 50 penalty units  and/or 12 mths
Note: 2nd off — strictly indictable

36Z(2)

Organising/conducting, or assisting in organising or
conducting, any drug premises and knows child has access

1st off 60 penalty units  and/or 14 mths
Note: 2nd off — strictly indictable


If you plead guilty to a drug offence, you may convince the court to allow you not to be convicted under Section 10 of the Crimes (Sentencing & Procedure) Act 1999. This is true specially for first time offenders.

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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