Drug Possession

In NSW, the penalties for drug possession can range from an on the spot fine to full-time imprisonment based on then nature of the offence.

Further possible sentences include:

• Conditional Release Order with or without conviction
• Community Corrections Order with conditions such as community service
• Intensive Corrections Order

For drug possession, NSW carries a number of possible penalties. If you find yourself in court for possession, in general, the highest penalties will be an $11,000 fine and two years imprisonment.

Recently, NSW police have refined their rules for on-the-spot fines for drug possession.

Under the penalty notice scheme, NSW police can now issue an on-the-spot fine, known as a penalty notice, for possession of small amounts of drugs at their discretion. The fine is usually $400.

This applies if you are caught with:

• MDMD/ecstasy in capsule form, 0.25grams or less
• MDMA/ecstasy in any other form weighing 0.75grams or less
• Any other prohibited drug not weighing more than the ‘small amounts’ outlined for personal use. These small amounts are:
  • amphetamine: 1 gram
  • cocaine: 1 gram
  • ketamine: 2.5 grams
  • LSD: 0.0008 grams
  • methylamphetamine: 1 gram

An on-the-spot fine for drug possession is similar to a speeding fine or parking fine. If you are given a notice like this, you will have 28 days to pay and you will not be required to attend court. You will also not receive a criminal record. Like a speeding or parking fine, you may contest the fine if you wish. However, this will result in court proceedings and the risk of even higher penalties like a criminal conviction.