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Drug Offence Lawyers
Understanding NSW Drug Laws
Whether it's at a music festival, on the street, or in someone's home, drug offences are taken very seriously in New South Wales. But for many people, it's not always clear what counts as a drug offence, how serious the consequences can be, or what your rights are if you're arrested.
Whether you're trying to understand the law, help someone you care about, or just want to stay informed, you'll find what you need here.
In NSW, drug offences are primarily dealt with under the Drug Misuse and Trafficking Act 1985 (NSW) (the Act). These offences fall into an array of categories, depending upon the circumstances of the charge.
New South Wales
Types of Drug Offences
Possession
It is an offence for a person to have a prohibited drug in their possession.
A prohibited drug is any substance specified in Schedule 1 of the Act. The prohibited drug must have been found in your custody and/or control.
It's not just about physically holding the drugs – if they are in a place you control, and you know about them, that counts.
Before being found guilty, it must also be demonstrated that you knew that you had those drugs in your custody and/or control, or at least you should reasonably have known.
For example, if drugs are found in your bedroom, in a home which you have exclusive access to, it may be inferred that you knew they were there.
If, for example, the drugs were found in a common room of a share house, it must be proven that you held exclusive possession of that drug to the exclusion of all other persons in the property. This is what is commonly referred to as the "Filippetti defence'. If such a defence is raised, the prosecution then must exclude the possibility that one or more other persons in the share home possessed the drug, rather than the accused person beyond reasonable doubt.
Use or Administration
Possess of Drug Paraphernalia
Supplying a prohibited drug
Supplying a prohibited drug is a very serious offence in New South Wales, and the penalties can be severe. What many people don't realise is that the definition for supply is quite broad and it does capture a lot of behaviour which you may not consider as a supply.
Under section 3 of the Act, "supply" includes a wide range of conduct, and not just selling. It includes:
- To sell and distribute,
- Agreeing to supply,
- Offering to supply,
- Keeping or having in possession for supply,
- Sending, forwarding, delivering or receiving for supply,
- Authorising, directing, causing, suffering, permitting or attempting any of the above acts or things.
You don't need to be caught handing drugs over to be charged with the supply of a prohibited drug.
If the police find a certain quantity of drugs in your possession, they may charge you with a "deemed supply".
What is a deemed supply?
If you're caught with more than a "traffickable quantity" of a prohibited drug, the law presumes you were planning to supply it – unless you can prove otherwise.
This is called "deemed supply".
Each prohibited drug has different threshold amounts. These determine how the offence is categorised and how serious the penalty may be.
Being charged with a drug supply offence is a big deal, even if it started with something casual like sharing a few pills with friends. The law relating to the supply of drugs in NSW treats all supply offences very seriously, and the consequences may be life-changing.
It's also true that every case is different, and the court looks at the full picture - especially with first time or low-level supply. With the right legal help, there are often real options to reduce the charge, avoid a conviction, or in some circumstances, keep you out of gaol.
Drug Manufacture
Manufacturing prohibited drugs in NSW is a heavily penalised offence. Even small-scale DIY set ups can lead to life-changing consequences, including gaol, a criminal record, and serious impacts to your family, work, and future.
The offence of manufacturing a prohibited drug is dealt with by section 24 of the Act. It includes the process of extracting or refining the prohibited drug. This includes acts such as extracting drugs from plants or chemicals, mixing ingredients, converting drugs into another form, and using equipment and/or chemicals for drug production.
To be found guilty of an offence of manufacturing drugs, the prosecution must demonstrate, beyond reasonable doubt that:
- You manufactured the drug, or
- You produced a prohibited drug, or
- You knowingly took part in either one of the above two.
Drug offences in NSW are more common than people realise, but that doesn't mean they aren't serious. Whether it's a joint, a pill, or something more significant, the consequences can stick with you long after the night is over.
If you or someone you care about has been charged, don't wait, get legal advice straight away. There are often options available, especially for first-time offenders.
Every case is different. A criminal lawyer can help you understand your rights, build your defence, and fight for the best possible outcome. Whether it's avoiding a conviction, reducing the penalty, or getting the charge dropped entirely.
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