DRUG OFFENCES IN NSW GOVERNED BY THE DRUG MISUSE AND TRAFFICKING ACT 1986
Drug Offence Lawyers Sydney
Drug offences in New South Wales range from simple possession charges to serious allegations involving commercial drug supply, manufacture and cultivation. Depending on the circumstances, a conviction can result in a criminal record, substantial fines and lengthy imprisonment.
At Criminal Lawyers Group, our experienced Sydney criminal defence lawyers represent clients charged with all drug offences throughout NSW. We regularly appear in the Local Court, District Court and Supreme Court defending drug-related matters and achieving the best possible outcomes for our clients.
Drug offences in New South Wales are primarily governed by the Drug Misuse and Trafficking Act 1986 (NSW).
Common drug offences include:
- Possession of a prohibited drug
- Supply of a prohibited drug
- Deemed supply
- Drug trafficking
- Drug manufacture
- Cultivation of cannabis
- Participation in a drug enterprise
- Conspiracy to supply prohibited drugs
The seriousness of a drug charge often depends on the type of drug, quantity involved and the role allegedly played by the accused.
Possession of a Prohibited Drug
Possession is one of the most commonly prosecuted drug offences in NSW.
To prove possession, the prosecution must establish beyond reasonable doubt that:
- The substance was a prohibited drug.
- The accused knew of the existence of the drug.
- The accused had custody or control of the drug.
Drugs found in a person’s pocket, vehicle, home or belongings may lead to possession charges if knowledge and control can be established.
Maximum Penalty
Possession of a prohibited drug carries a maximum penalty of:
- 2 years imprisonment; and/or
- A fine of 20 penalty units.
Supply of a Prohibited Drug
Drug supply is significantly more serious than simple possession.
Under NSW law, supply includes:
- Selling drugs
- Distributing drugs
- Sharing drugs
- Delivering drugs
- Agreeing to supply drugs
- Offering to supply drugs
A person can be charged with supply even where no money changes hands.
The quantity involved often determines the seriousness of the offence and the maximum penalty available.
Drug Quantity Categories
NSW law classifies prohibited drugs into quantity categories. These categories determine maximum penalties and whether police can rely upon deemed supply provisions.
Common Drug Quantity Thresholds
| Drug | Small Quantity | Trafficable Quantity | Indictable Quantity | Commercial Quantity | Large Commercial Quantity |
| Cannabis Leaf | 30g | 300g | 1kg | 25kg | 100kg |
| Cocaine | 1g | 3g | 5g | 250g | 1kg |
| Heroin | 1g | 3g | 5g | 250g | 1kg |
| Methamphetamine (Ice) | 1g | 3g | 5g | 250g | 1kg |
| Amphetamine | 1g | 3g | 5g | 250g | 1kg |
| MDMA (Ecstasy) | 0.8g | 0.75g | 1.25g | 125g | 500g |
Why Drug Quantity Matters
Drug quantity may affect:
- Whether the charge proceeds in the Local Court or District Court.
- The maximum sentence available.
- Whether police allege deemed supply.
- Bail considerations.
- The sentencing outcome.
Maximum Penalties for Drug Supply
The maximum penalties for drug supply depend on the quantity involved.
| Quantity | Local Court | District Court |
| Small Quantity | Up to 2 years imprisonment and/or fine | Up to 15 years imprisonment and/or substantial fine |
| Between Small and Commercial Quantity | Up to 2 years imprisonment and/or fine | Up to 15 years imprisonment and/or substantial fine |
| Commercial Quantity | Cannot be finalised in Local Court | Up to 20 years imprisonment |
| Large Commercial Quantity | Cannot be finalised in Local Court | Life imprisonment |
Although these are maximum penalties, courts consider numerous factors when determining sentence, including the offender’s role, criminal history and prospects of rehabilitation.
Drug Manufacture Charges
Manufacturing a prohibited drug is one of the most serious offences under NSW law.
Examples include:
- Operating a clandestine drug laboratory
- Producing methamphetamine
- Processing precursor chemicals
- Assisting another person to manufacture drugs
Manufacture offences frequently attract terms of imprisonment, particularly where commercial quantities are involved.
Maximum Penalties for Manufacture
| Quantity | Local Court | District Court |
| Small Quantity | Up to 2 years imprisonment | Up to 15 years imprisonment |
| Commercial Quantity | Indictable only | Up to 20 years imprisonment |
| Large Commercial Quantity | Indictable only | Life imprisonment |
Additional penalties may apply where children are exposed to drug manufacturing operations.
Cannabis Cultivation Charges
It is an offence to cultivate, possess or knowingly participate in the cultivation of cannabis plants.
The court will consider:
- Number of plants
- Whether cultivation was commercial
- Whether enhanced indoor equipment was used
- Whether children were exposed to the operation
Cannabis Plant Quantity Categories
| Category | Number of Plants |
| Small Quantity | 5 plants |
| Indictable Quantity | 50 plants |
| Commercial Quantity | 250 plants |
| Large Commercial Quantity | 1,000 plants |
Where enhanced indoor cultivation methods are used, lower plant thresholds may apply.
Large-scale cannabis cultivation can result in lengthy prison sentences.
Deemed Supply Charges
NSW law permits police to charge a person with supply where they possess a trafficable quantity of certain prohibited drugs.
This is known as “deemed supply”.
In such cases, the prosecution may not need direct evidence of actual sales.
However, a person may defend a deemed supply allegation by demonstrating that the drugs were possessed for reasons other than supply.
Defences to Drug Charges
Possible defences may include:
- Lack of knowledge
- No possession or control
- Illegal police search
- Duress
- Necessity
- Honest and reasonable mistake
- Identification issues
- Challenging drug analysis evidence
The availability of a defence depends on the facts of each case.
Sentencing for Drug Offences
When sentencing a person for a drug offence, the court may consider:
- Quantity of drugs involved
- Nature of the offending
- Criminal history
- Plea of guilty
- Demonstrated remorse
- Rehabilitation efforts
- Personal circumstances
Possible sentencing outcomes include:
- Section 10 dismissal
- Conditional Release Order
- Fine
- Community Correction Order
- Intensive Correction Order
- Full-time imprisonment
How Criminal Lawyers Group Can Help
Our experienced Sydney drug lawyers can:
- Advise you immediately after arrest
- Assist with police interviews
- Challenge search warrants and police powers
- Negotiate with prosecutors
- Prepare sentence material
- Defend hearings and trials
- Represent you in all NSW courts
Early legal advice can significantly improve the outcome of a drug matter.
Contact Our Drug Offence Lawyers
If you have been charged with a drug offence in Sydney or anywhere in New South Wales, contact Criminal Lawyers Group for expert legal advice and representation.
We offer clear advice, strategic defence preparation and strong courtroom advocacy to help protect your future