⚖️ WHAT IS DRUG POSSESSION?
Under Section 10 of the Drug Misuse and Trafficking Act 1985 (NSW), it is a criminal offence to have a prohibited drug in your possession.
This means that if you are found with drugs — whether on your person, in your clothing, vehicle, home, or belongings — you can be charged with drug possession, even if the drugs were for personal use only.
While this is one of the more common drug-related offences in NSW, the consequences can still be serious, particularly if you have prior convictions or large quantities of drugs.
📜 LEGAL DEFINITION OF THE OFFENCE
“A person who has a prohibited drug in his or her possession is guilty of an offence.”
— Section 10, Drug Misuse and Trafficking Act 1985 (NSW)
To prove possession, police must show that you:
- Had physical custody or control of the drug (e.g. it was in your pocket, bag, car, or home); and
- Knew that the substance was there and that it was a drug.
Both elements must be proven beyond reasonable doubt.
💊 WHAT COUNTS AS A ‘PROHIBITED DRUG’?
A “prohibited drug” includes a wide range of substances listed under Schedule 1 of the Act, such as:
- Cannabis (marijuana)
- Cocaine
- MDMA (ecstasy)
- Heroin
- Methamphetamine (“ice”)
- LSD
- Ketamine
- GHB
Even very small quantities can result in criminal charges.
👨⚖️ PENALTIES FOR DRUG POSSESSION IN NSW
The maximum penalty for drug possession is:
🧑⚖️ 2 years imprisonment and/or a fine of $2,200 (if dealt with in the Local Court).
However, most first-time or minor possession charges are dealt with without imprisonment — especially if you obtain legal representation and demonstrate genuine rehabilitation or cooperation.
✅ DEFENCES TO A DRUG POSSESSION CHARGE
To be found guilty, the prosecution must prove both possession and knowledge. If they can’t, the charge may be dismissed.
Common defences include:
❌ Lack of knowledge
You did not know the drugs were in your possession (e.g. someone else left them in your bag or car).
🚫 No possession
You did not have control or custody of the drugs — they were in a shared area or accessible to others.
🔍 Unlawful search or police misconduct
The drugs were found during an illegal search or without a valid warrant.
🧠 Duress or necessity
You only possessed the drugs due to threats or exceptional circumstances.
💊 Forensic issues
The substance was not actually a “prohibited drug,” or the analysis was flawed.
🧪 HOW THE PROSECUTION PROVES POSSESSION
To convict you, the prosecution must prove beyond reasonable doubt that:
- You had a substance in your custody or control; and
- You knew it was a prohibited drug (or at least were aware of the likelihood that it was).
If either element is not proven, you cannot be found guilty.
Depending on the circumstances, potential outcomes include:
- Charge withdrawn (if evidence is weak or search was unlawful)
- Dismissal under Section 10(1)(a) (no conviction recorded)
- Conditional release order (CRO) (with or without conviction)
- Fine or good behaviour bond
- Community correction order
- Full-time custody (for repeat or serious offenders)
📚 CASE STUDY: DRUG POSSESSION CHARGE DISMISSED
Our client was charged with possession of MDMA after a nightclub search. Police claimed to have found a capsule in his jacket pocket.
We obtained CCTV footage showing multiple people handling the jacket throughout the night. The prosecution could not prove our client knew the capsule was there.
Following written representations to the police prosecutor, the charge was withdrawn prior to hearing.
This outcome demonstrates the importance of challenging assumptions about knowledge and possession in drug cases.
🧑💼 WHY YOU NEED A DRUG LAWYER IMMEDIATELY
Even a minor drug conviction can affect your job, travel, and reputation. An experienced criminal defence lawyer can:
- Challenge the legality of the search and seizure
- Identify weaknesses in the prosecution case
- Negotiate to have charges withdrawn or downgraded
- Apply for a non-conviction order (Section 10 or CRO)
- Represent you in court and advocate for leniency
⚖️ FINAL THOUGHTS
Drug possession charges under Section 10 may seem minor, but the long-term consequences can be serious. With the right legal advice, it’s often possible to avoid a conviction altogether.
Early legal intervention is key — the sooner you act, the better your outcome is likely to be.
📞 CONTACT US
Need a lawyer for a drug possession charge in Sydney or NSW?
📱 Call: (02) 8815 8177
📧 Email: info@criminallawyersgroup.com.au
🌐 Visit: www.criminallawyersgroup.com.au
We are available 24/7 for urgent cases, police interviews, and court representation.
Criminal Lawyers Group – Serious defence for serious charges.