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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 |
36Y(1) | Owner/occupier knowingly allow premises to be used | 1st off 50 penalty units and/or 12 mths |
36Y(2) | Owner/occupier knowingly allow premises to be used as | 1st off 60 penalty units and/or 14 mths |
36Z(1) | Organising/conducting, or assisting in organising or | 1st off 50 penalty units and/or 12 mths |
36Z(2) | Organising/conducting, or assisting in organising or | 1st off 60 penalty units and/or 14 mths |
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.