SCB LEGAL
Our lawyers assist with advice and representation in allegations of drug possession, drug supply, drug manufacture or production and drug importation.
If you, a family member or friend is facing drug charges, you will likely have questions like these:
This page will provide you with answers to these questions and more.
All offences are categorised as either summary offences or indictable offences.
Summary drug offences are less serious than indictable offences and are generally heard in a Local Court. E.g. minor drug possession.
Indictable drug offences are more serious and may be heard in the higher Courts.
In New South Wales, there are hundreds of illegal drugs and plants. Possession of prohibited drugs and plants and supplying, manufacturing, cultivating, producing or importing them are all criminal offences.
Click on the section most relevant to you, or read through the page to learn about types of drug offences, drug quantities and the maximum penalties associated with them, as well as other options if found guilty of drug offences in New South Wales.
If you are not guilty of what has been alleged, you must seek urgent legal advice to prepare your defence. Early advice is essential for the best outcomes.
To be in possession of a drug, a person does not need to be physically holding the prohibited drug or plant. Examples of possession include:
Possession of a prohibited drug or plant is a summary offence. That is, it will generally be dealt with in the Local Court.
The penalty for drug possession can vary and is dependent on factors including the quantity of the drug found to be in a person’s possession and their criminal history. Learn more about penalties for possession, specific to drug type and weight, here.
Penalties for possession of apparatus are different to possession of drugs or plants and are considered an indictable offence. Learn more about offences relating to manufacture, production and cultivation here.
Regardless of whether you intend to plead guilty or not guilty, seeking advice from an experienced drug possession lawyer early, means you have given yourself the opportunity on the front foot. Often clients are surprised by the options that may be available to them, which they may otherwise be unaware of. For the best chance at having more options, seek advice at the earliest possible time, as some actions require time to be achieved.
Our lawyers represent clients for drug offences in these Courts across Greater Sydney:
Need urgent bail assistance out of business hours? Reach out via our After Hours number. During business hours, phone our team at our Penrith or Blacktown offices. For all other enquiries relating to drug charges, we can provide you advice via telephone, online meeting or at one of our office locations.
DRUG LAWYERS SYDNEY
Seeking early legal advice can better your outcome. Learn more by speaking to our team.
“Supply” is a broad term that includes any of the following:
When a person is found to be in possession of a prohibited drug in quantities larger than what would be legally viewed as ‘for personal use’, then a charge of ‘deemed supply’ may be laid.
Deemed supply means that the quantity of the prohibited drug the person is in possession of is enough of an indicator that they will be using those drugs to supply them to others.
The penalty for supplying drugs varies widely, depending on a person’s criminal history, as well as the type and quantity of the drug. First time drug supply charges may only be issued a fine of $440 through to a fine of $550,000 &/or life imprisonment (commercial quantity). Learn more about maximum penalties for supply, by drug type and quantity here.
Regardless of whether you intend to plead guilty or not guilty, seeking advice from an experienced criminal lawyer early means you can be on the front foot. Often, clients are surprised by the options that may be available to them, which they may otherwise be unaware of. For the best chance at having more options, seek advice at the earliest possible time as some actions require time to be achieved.
Our lawyers represent clients for drug offences in these Courts across Greater Sydney:
Need urgent bail assistance out of business hours? Reach out via our After Hours number. During business hours, phone our team at our Penrith or Blacktown offices. For all other enquiries relating to drug charges, we can provide you advice via telephone, online meeting or at one of our office locations.
DRUG LAWYERS SYDNEY
Our highly experienced team will help you identify the opportunities that may be available to you.
The term “drug trafficking” is used broadly, but in legal terms, trafficking is the word used for the transportation of drugs interstate or internationally. It is different from the term “traffickable quantity’ (see the next section).
In NSW, the word trafficking is only used in relation to international drug importation or exportation OR if someone has been caught transporting drugs or precursors in other States or Territories of Australia. For more information about drug importation offences, jump to this section here.
In NSW, the term “traffickable quantity” is less than a commercial quantity but more than a small quantity of drugs. When a person has a traffickable quantity of drugs, there is a presumption that they intend to sell or supply the drugs. Just as ‘Deemed Supply’ can be charged based on the quantity of drugs the person is in possession of, ‘trafficking’ can also be charged based on the quantity of drugs a person possesses.
A person does not need to profit from the exchange and do they even need to be caught selling them. Preparing drugs, packaging them or storing them can also lead to drug trafficking charges.
Trafficking large scale quantities of a prohibited drug or plant in NSW is an indictable offence. That is, it is considered more serious and will generally be dealt with in the District Court. Learn more about penalties for trafficking large scale quantities here.
Given the complexity of being in possession of a traffickable quantity, you must seek advice from experienced drug trafficking lawyers as early as possible. If you are taken in to be questioned by police, having a lawyer present who can advise you about your rights and what you do and do not have to supply or answer can ensure you don’t jeopardise your own case.
Need urgent bail assistance out of business hours? Reach out via our After Hours number. During business hours, phone our team at our Penrith or Blacktown offices.
DRUG LAWYERS SYDNEY
Seeking early legal advice can better your outcome. Learn more by speaking to our team.
Manufacturing is the process of producing a drug, other than growing it. It can include extracting or refining and transforming a substance into an illegal drug. Cultivating is the process of growing a prohibited plant, such as cannabis (also known as marijuana). Cultivating can include planting seeds, watering, nurturing, protecting or harvesting. For information specific to cultivation, jump here.
A person may be charged with manufacturing if they are involved in the process or in control of the manufacturing of drugs. That is, if a person provides instructions, finances the production or is involved in the process of production of a drug, such as cooking, preparing, extracting or refining a substance, then that person can be charged with manufacturing. This includes possession of precursors (contributing ingredient/s) and particular items used for the manufacture or production of prohibited drugs. It can include the extraction or refining of a substance and transforming a substance into an illegal drug.
Even if you did not directly participate in the manufacturing of a drug, you can still be charged if you were involved for example by financing the manufacturing process, or if you have control over the process.
A person can be charged with manufacturing even if they weren’t directly involved in the process. If the person financed the manufacturing process, was in control or directed the manufacturing process or supplied tools or a location for manufacturing, then they may still be charged with manufacturing drugs.
The penalties for manufacturing prohibited drugs depend on the quantity of the drug, and align with the penalties for supply. There is a maximum charge of life in prison for large scale manufacturing.
While it is possible to represent yourself at a trial, drug charges are complex and it is important that you understand the charges you are facing and the possible consequences. Having an experienced drug lawyer represent you at your trial, or at least providing you with information as early as possible in the process will help you to make informed decisions and decrease the likelihood of you accidentally incriminating yourself.
DRUG LAWYERS SYDNEY
You need our professional legal advice to put together a strong defence to support your case.
Cultivating can include sowing seeds to grow a prohibited plant, watering the plant, tending, nurturing, guarding or harvesting the plant. The plant does not need to be yours; you could be taking care of a plant for someone else. You may have participated in all or even just one of the aspects of cultivating a prohibited plant.
Offences specific to cultivation are classified as either:
There are scenarios where you may not have sewn the seeds or helped them to grow or even have harvested them. If for example, you knowingly provided the house or land that was needed as a space for cultivation to take place, you can still be found guilty of cultivating under the law.
There is a list of plants listed as prohibited under the law. The most well known of those include cannabis (also known as marijuana), erythroxylon (a source of cocaine) and opium poppies. Helping to cultivate these or any of the other prohibited plants, indoors or outdoors, is considered cultivating.
The penalties for cultivating depend on the type and quantity of the plants. It does not matter if they are seedlings or mature plants, nor does it matter if it’s a female or male plant.
Offences for cultivation can fall into a number of different categories. While the penalties will vary depending on the type of drug and volume cultivated, the maximum penalty is life imprisonment for Commercial Quantities or Cultivation for Commercial Purpose where the amount is not less than a commercial quantity. Learn more about the penalties for growing prohibited plants here.
Having a lawyer is not essential for a drug charge. However, given the range of charges that can apply and the diverse range of penalties, it is advisable that legal advice be sought early, in order to understand the charges and prevent accidentally incriminating yourself. A lawyer can help you understand the law, the charges and your options and if you wish, can represent you in a hearing.
Our lawyers represent clients for drug offences in these Courts across Greater Sydney:
Need urgent bail assistance out of business hours? Reach out via our After Hours number. During business hours, phone our team at our Penrith or Blacktown offices. For all other enquiries relating to drug offences we can provide you advice via telephone, online meeting or at one of our office locations.
DRUG LAWYERS SYDNEY
Early legal advice can improve your ability to better your outcome. Learn more by speaking to our team.
A drug importation charge is a Commonwealth (Federal) offence. It has serious penalties however there are instances where an alleged offence may be dealt with under NSW laws.
The importation of illegal drugs is the act of bringing border controlled drugs, plants or precursors into Australia. Importation of Illegal Drugs can also include being in possession of border controlled drugs, plants or precursors or controlled precursors brought from outside of Australia.
This includes illicit drugs, some pharmaceutical drugs, and all precursors (substances used to make illicit drugs) and all border controlled plants. The legislation also takes into account drug analogues.
A drug analogue is a substance with a chemical structure very similar to a known controlled drug, but with slight modifications. These modifications are often intentional to try and circumvent drug laws, while still producing similar effects to the original drug.
Drug analogues are treated similarly to the controlled drugs they resemble.
Importation offences are generally categorised in quantities. The law establishes different levels of seriousness for drug offences based on the quantity involved. They are categorised as:
Broadly speaking:
Unlike drug offences at a State or Territory level, importation quantities are not specified by type and metrics. These are subject to change through regulations or emergency determinations (particularly as new drugs, precursors or drug analogues are identified).
There are also offences for assisting importation and attempted importation.
Sentencing outcomes can include one or more penalties such as, but not limited to:
RRO’s are generally not given for serious drug importation offences (commercial quantities or where mandatory minimum sentences are applicable).
Whilst it is a discretionary area that takes into account the offender’s role, the nature of the offence and their individual circumstances, deterring others from committing these offences plays a significant role in determining the most appropriate sentence.
The maximum penalties for the importation of border controlled drug offences are:
To view this table on mobile or tablet devices, use your finger to swipe left and right.
Information accurate as at August 2024
Source: Division 307 – Criminal Code Act (Federal Legislation)
When we meet with our clients we ask them for their side of the story and ask them some questions to better understand their situation. This helps us determine where they stand and which defences may be available to them.
It is not uncommon for people facing importation charges to be accused of more than one offence including intent to sell or for being involved in organised crime.
To know your position, it is very important to meet as early as possible with an experienced drug lawyer.
There may be a number of defences available to you.
Even though importing border-controlled drugs carries severe penalties in Australia, there are potential defences that can be raised to reduce the number of offences you are facing, reduce penalties or a not guilty verdict.
Drug importation defences may include:
Given the complexity of an importation charge and the significant penalties, it is essential you seek advice from experienced drug importation lawyers as early as possible. If you are taken in to be questioned by police, having a lawyer present who can advise you about your rights and what you do and do not have to supply or answer can ensure you don’t jeopardise your own case.
Our lawyers represent clients for drug importation offences in these Courts across Greater Sydney:
Need urgent bail assistance out of business hours? Reach out via our After Hours number. During business hours, phone our team at our Penrith or Blacktown offices. For all other enquiries relating to drug offences we can provide you advice via telephone, online meeting or at one of our office locations.
Need urgent bail assistance out of business hours for a family member or friend taken into custody on alleged drug importation? Reach out via our After Hours number. During business hours, phone our team at our Penrith or Blacktown offices.
DRUG LAWYERS SYDNEY
Seeking early legal advice can better your outcome. Learn more by speaking to our team.
If someone has pleaded guilty or been found guilty of more than one offence, the offence with the most serious penalty is the principal (main) offence.
Penalties in New South Wales can include one or more of the following (explained in more detail below):
Sentences are categorised as either non-custodial or custodial sentences. People convicted of offences may be given one or multiple sentences.
For example, a fine of $2000 and a 2-year Community-based Sentence.
Types of non-custodial sentences in New South Wales:
A Conditional Release Order is one of the lowest forms of penalties available in NSW. A Conditional Release Order is like a Good Behaviour Bond. Conditional Release Orders are generally given for first-time offenders and offences that are less serious in nature. The Court may impose supervision and conditions when imposing a CRO. For example, the Court could make conditions that the person not associate with particular people or groups, abide by a curfew (to be in their home by a certain time), or other conditions such as participating in programs to address their behaviours connected to the offence. A CRO is a penalty for first-time offences that are less serious.
There are two types of CRO’s:
Police may issue an on-the-spot fine of around $440 (up to two times) for drug offences. This power is discretionary.
Where the Police do not issue an on-the-spot Fine, and a person has their case dealt with by a Court, the Court may still issue a Fine if the offence is less serious.
For more insight into maximum penalties specific to the most common drug types, see this table below – Penalties by Drug Type & Quantity.
A person who receives a drug charge may be given a community-based sentence. This may be supervised by community sentence or unsupervised. If the Community Corrections Order is supervised, this means that the person is required to regularly report to and obey directions from their Community Corrections Officer.
The conditions of this Order may include one or more of the following:
These sentences are when a person’s freedoms are restricted for a specified amount of time.
There are two types of custodial sentences in New South Wales.
An Intensive Corrections Order (ICO) is a jail sentence served in the community. An Intensive Corrections Order will be supervised by Community Corrections, and the conditions may be imposed in a similar way to a Community Corrections Order.
This generally involves a person being detained in a correctional facility (jail).
If a person has a drug addiction, they may be able to participate in a residential drug rehabilitation facility, which may be considered a form of imprisonment and taken into account at sentence.
In New South Wales, drug quantities are categorised in two ways.
Discrete Dosage Usage (DDU) refers to the amount of the specified drug a person is in possession of, that is deemed to be for a single use. For example, 1 pill may be 1 DDU or 0.002g. What is considered the discrete dosage unit is specific to each prohibited plant or drug. To see what is considered a DDU weight by drug type and the maximum penalty, jump to the table below.
If alleged to have had a small quantity of a prohibited drug, the case will likely be heard in a Local Court.
The weight (often measured in millilitres, litres, grams and kilograms) will be considered when determining the charge and penalty. A ‘small quantity’ of a drug is likely to result in possession charges rather than a more serious charge of supply. To discover what is considered a small quantity and the maximum penalties by drug or plant type, see the table below for more information.
If alleged to have had a traffickable quantity of a prohibited drug, the case will likely be heard in a Local Court.
A traffickable quantity can be as low as 0.0075 g of Acetyl-alpha-methylfentanyl (an opiate) or 600mL of liquid methadone. What is considered a traffickable quantity is specific to each plant or drug. To discover what is considered a traffickable quantity and the maximum penalties by drug type, see this table below.
If alleged to have had an indictable quantity of a prohibited drug or plant, the case will be heard in a Local or District Court.
An ‘indictable quantity’ for fentanyl is 0.0125g and for cannabis plants, it is 50 plants. What is considered an indictable quantity is specific to each plant or drug. To discover what is considered an indictable quantity and the maximum penalties, see this table below.
If alleged to have had a commercial quantity of a prohibited drug, the case will be heard in a District Court.
A commercial quantity is as small as 1.25 grams through to 5 or more kilograms. It is specific to each plant or drug. To discover what is considered a commercial quantity and the maximum penalties by type, see the table below for more information.
Maximum penalties for common drug or plant types, by DDU and weight.
To view this table on mobile or tablet devices, use your finger to swipe left and right.
| Maximum Penalty Adults & Minors | Fine of up to $8,800 &/or 2 years imprisonment | Fine of up to $8,800 &/or 2 years imprisonment | Fine of up to $11,000 &/or 2 years imprisonment | Local Court Fine of up to $11,000 &/or 2 years imprisonment District Court Fine of up to $220,000 &/or 15 years imprisonment | Fine of up to $385,000 &/or 20 years imprisonment | Fine of up to $550,000 &/or Life Imprisonment |
|
| COMMON CATEGORIES | Prohibited Plant or Drug | Discrete Dosage Unit (DDU) | Small Quantity | Traffickable Quantity | Indictable Quantity | Commercial Quantity | Large Commercial |
| A M P H E T A M I N E S | Speed Amphetamine | - | 1.0g | 3.0g | 5.0g | 250.0g | 1.0kg |
| Ice, Meth, Crystal Meth Methylamphetamine | - | 1.0g | 3.0g | 5.0g | 0.25kg | 0.5kg | |
| MDMA, Ecstasy 3,4-Methylenedioxyamphetamine | - | 0.25g | 0.75g | 1.25g | 0.125kg | 0.5kg | |
| Dexies Dexamphetamines | - | 1.0g | 3.0g | 5.0g | 250.0g | 1.0kg | |
| C A N N A B I S | Weed, Pot, Dope, Grass Cannabis leaf excluding any exception listed here. | - | 30.0g | 300.0g | 1000.0g | 25.0kg | 100.0kg |
| Hash Oil, Honey Oil, Dab Oil Cannabis oil excluding any exception listed under the matter relating to Tetrahydrocannabinol and its alkyl homologues | - | 2.0g | 5.0g | 10.0g | 500.0g | 2.0kg | |
| Hydro, Indoor, Skunk, Chronic Cannabis plant cultivated by enhanced indoor means | - | 5 plants | - | 50 plants | 50 plants | 200 plants | |
| Cannabis plant—other | - | 5 plants | - | 50 plants | 250 plants | 1000 plants | |
| C O C A I N E | Coke, Blow, Snow, Rock Cocaine | 1.0g | 1.0g | 3.0g | 5.0g | 250.0g | 1.0kg |
| Ecgonine and its esters and derivatives which are convertible to ecgonine and cocaine | - | 1.0g | 3.0g | 5.0g | 250.0g | 1.0kg | |
| Coca Cocoa Leaf | - | 5.0g | 30.0g | 90.0g | 2.5kg | 10.0kg | |
| O P I O I D S | Oxy, O.C., Percs Oxycodone | - | 2.5g | 7.5g | 12.5g | 1.25kg | 5.0kg |
| Cody, School Boy, Captain Cody Codeine | - | 5.0g | 15.0g | 25.0g | 2.5kg | 10.0kg | |
| M, Miss Emma, White Stuff Morphine | - | 1.0g | 3.0g | 5.0g | 0.25kg | 1.0kg | |
| Apache, China White, Dance Fever Fentanyl | - | 0.0025g | 0.0075g | 0.0125g | 0.00125kg | 0.005kg | |
Information accurate as at June 2024. Source: Schedule 1 of the NSW Drug Misuse and Trafficking Act
For the full list of prohibited drugs and plants in New South Wales, click on the source link above.
Our lawyers represent clients (adults and minors) for drug offences in these Courts across Greater Sydney:
DRUG LAWYERS SYDNEY
Get on the front foot and speak to one of our experienced Sydney drug offence lawyers.
You deserve the very best legal advice and representation, and our experienced team of criminal lawyers are ready to assist.
