Illicit drugs significantly impact Australia’s society, whether it be in relation to the health system or society and are governed by Federal and State laws.
Common prohibited drugs include (but are not limited to) cannabis, heroin, methamphetamines, cocaine, or ecstasy.
The Criminal Code Act 1995 (Cth) covers the offences of importation and exportation of illicit substances. It also deals with the possession and dealings of these imported drugs. Under this law, it is an offence to import or try to import prohibited drugs or to assist or have involvement in the importation of illicit drugs. The penalties for these offences can be very severe, including up to life imprisonment for commercial quantities.
The Drugs Misuse and Trafficking Act 1985 (NSW) covers most other offences, such as supply, possession, administering, traffic, or cultivating illicit drugs.
Possession
It is an offence to possess illicit drugs in New South Wales. Under s10(1) of the Drugs Misuse and Trafficking Act, the maximum penalty is two years in prison and/or a fine of $2,200. The prosecution must show that the drug is in the alleged offender’s ‘custody’ or ‘control’, and that the person knew that they had custody or control of a prohibited drug.
However, these cases can become complicated if the amount the accused has is not less than the trafficable quantity – the offence will then become one of deemed supply.
| Prohibited Plant/Drug | Small Quantity | Traffickable Quantity (deemed supply) | Indicatable Quantity | Commercial Quantity | Large Commercial Quantity |
|---|---|---|---|---|---|
| Cannabis Plant | 5 | – | 50 | 250 | 1000 |
| Cannabis Leaf | 30g | 300g | 1.0kg | 25.0kg | 100.0kg |
| Cocaine | 1.0g | 3.0g | 5.0g | 250g | 1.0kg |
| Heroin | 1.0g | 3.0g | 5.0g | 250g | 1.0kg |
| Methylamphetamine | 1.0g | 3.0g | 5.0g | 250g | 1.0kg |
| Ecstasy/MDMA | 0.25g | 0.75g | 1.25g | 125g | 500g |
You can be charged under s29 of the Drugs Misuse and Trafficking Act with deemed supply where it is assumed that the amount of drugs you possess (the ‘traffickable’ quantity) is for the purposes of supply. If charged, you must rebut the presumption and show that you had the drug in your possession for a purpose other than supply. The maximum penalties will depend on the type and quantity of the prohibited drug.
Drug supply can refer to a number of situations regarding the sale or distribution of drugs. A person might mail prohibited drugs, they may store them in preparation of supply, or they may exchange drugs for money in a simple swap. It is an offence under s25 of the Drugs Misuse and Trafficking Act. The maximum penalty depends on the drug type and quantity, and whether the DPP elect to hear the matter in the District Court – however small quantities heard in the district court can attract a maximum penalty of 15 years in prison and/or a $220,000 fine.
S12 of the Drugs Misuse and Trafficking Act contains the offence of self-administering a prohibited drug. Self-administering includes actions such as snorting, swallowing, injecting, smoking, ingesting or otherwise consuming prohibited drugs. As this offence is heard in the Local Court, the maximum penalty is 2 years imprisonment.
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