Do you have a question about criminal law offences?


In NSW, drug use is regulated by both state and federal laws.

Most drug charges are laid under the NSW Drug Misuse and Trafficking Act 1985 which creates offences for:

1. Drug Use. The drugs ‘prohibited’ by the Act are listed in a schedule. They include the common street drugs – cannabis (marijuana), heroin, ecstasy, amphetamines, LSD, cocaine, methadone – and many others.

Maximum penalty: $2,200 fine and/or 2 years imprisonment

Possession of Drugs

Possession of drugs. To be in possession of a drug, it has to be in your custody or control, and you must know about it. You can be guilty of possession if you share ownership or control of the drug with others, or if you are minding the drug for someone else.

Maximum penalty: $2,200 fine and/or 2 years imprisonment

Momentary custody or control. A person can be found guilty even if their custody or control was only momentary; for example, by taking a joint passed to them.

Supply and Trafficking

Supplying drugs includes offering or agreeing to supply, whether or not any drugs change hands. It may also include introducing someone to a dealer. Also, you may be charged with supplying if you are caught in possession for the purpose of supply.

Penalties depend on the seriousness of the offence depending on the quantities. Maximum penalty ranges from $220,000 to $550,000 and maximum term of imprisonment can range from 10 years to life.


This is cultivating a prohibited plant. Same maximum penalties with supply and trafficking.


This is manufacturing a prohibited drug. Same maximum penalties with supply and trafficking.

Aiding and abetting

A person who aids and abets another in committing any of the drug offences is liable also for the same offence and punishable with the same penalties. Same maximum penalties with supply and trafficking.

Possession of drug-use implements

This is possession of any equipments used for the administration of a prohibited drug. Implements do not include hypodermic syringe or a hypodermic needle. A medical practitioner found in possession of these equipments is not covered by the offence. Same maximum penalties with supply and trafficking.

Hiring the right criminal lawyers can often make a substantial difference in your case.  Criminal lawyers Penrith ,Criminal lawyers Wollongong,Criminal Lawyers Parramatta

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.

Ask a Question - It Is Free