DRUG POSSESSION AND DRUG SUPPLY OFFENCES IN NSW
It is a criminal offence in NSW to possess, use, produce or supply a prohibited drug in NSW. A drug possession or drug supply conviction can have serious ramifications. If you or anyone you know have been accused or charged with a drug possession or drug supply offence, contact our specialised criminal lawyers at Criminal Lawyers Group immediately.
WHAT ARE THE OFFENCES OF DRUG POSSESSION AND DRUG SUPPLY IN NSW?
Section 10 of the Drug Misuse and Trafficking Act 1985 (NSW) makes the possession of prohibited drugs a summary offence.
Section 25 of the Act makes it an indictable offence to supply or knowingly take part in the supply of a prohibited drug, whilst Section 29 of the Act makes it an offence to supply more than a traffickable quantity of a prohibited drug.
WHAT ARE THE PENALTIES FOR THE OFFENCES OF DRUG POSSESSION AND DRUG SUPPLY IN NSW?
Section 21 of the Drug Misuse and Trafficking Act 1985 (NSW) prescribes a maximum penalty of two years imprisonment and/or a $2200 fine for the offence of drug possession. The penalty of two years imprisonment is generally reserved for repeat offenders and individuals who have a criminal history. First time offenders may receive penalties that are less harsh, such as a conditional release order, a community corrections order, or a fine. Our expert criminal lawyers have also secured Section 10 dismissals for our clients, whereby no conviction is recorded.
The Act provides for a maximum penalty of 15 years imprisonment and/or a fine up to $220,000 for the offence of supplying a small to indictable quantity of a prohibited drug. The penalties for supplying drugs to a child under 16 and supplying greater amounts are more severe. For example, an individual convicted of supplying a commercial quantity of a prohibited drug, other than cannabis plant or leaves, is liable for a maximum penalty of life imprisonment.
A BATTLE OF IDEAS TO FIGHT DRUGS
State, territory and federal governments, supported and opposed by diverse organisations, have long grappled with deciding what the best approach is to fight the issue of drug possession and supply and the resulting impacts that the consumption of these drugs has on individuals and society.
The left-leaning approach has long favoured decriminalisation of drugs and measures to facilitate the safe consumption of drugs, such as pill testing at festivals. Such approaches are suggested in conjunction with investment into resources ad programs to assist those addicted to drugs in fighting their addiction.
The alternative and more hardline conservative approach has been to reject measures such as pill testing which are considered by many to be enabling and supporting drug use, and to instead focus on tougher policing and penalties for those caught possessing or supplying drugs.
NSW POLICE FAILING TO USE NSW GOVERNMENT’S DIVERSION REFORMS
Recent statistics report that the NSW Police have failed to act within the intention of a new NSW Government program designed to give police discretion to divert people found with small quantities of illicit drugs away from the court system.
The major reform titled the ‘Early Drug Initiative’ was introduced in 2024 and intends to treat drug use as a health issue, rather than as a criminal one.
The initiative provides police the option to allow individuals caught with small amounts of prohibited drugs to pay an on-the-spot $400 fine or speak to a health professional over the phone as an alternative to going to court.
Concerningly, NSW Police have only extended this discretion to 6.9% of people caught and only 2.6% of Indigenous people caught.
Regardless of whether one agrees with the approach or not, it is the authority of the democratically elected government to enable the policy and rules, and for the NSW Police to enforce them. For the NSW Police to only use the discretion enabled by the program at such a small percentage is clearly not in accordance with the intention of the program and policy.
CONTACT CRIMINAL LAWYERS GROUP NOW
If you or anyone you know have been accused or charged with an offence of drug possession or drug supply, contact our specialised drug possession and drug supply criminal lawyers at Criminal Lawyers Group immediately for a free consultation. Our award-winning criminal law experts have proven results in securing the best outcomes for our clients across NSW who have been charged with drug possession or drug supply.