A cannabis charge in NSW can feel overwhelming. Whether police found a small bag during a traffic stop, several plants in your home, or a larger quantity that triggers supply allegations, the fear of a criminal record, fines, disqualification, or even jail is real. Yet many cannabis charges in Sydney are successfully defended, withdrawn, or dismissed — especially for first offences with strong legal representation.
At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, our criminal lawyers in Sydney specialise in cannabis charges. We appear daily in the Downing Centre, Parramatta, Blacktown, Burwood, Liverpool, Campbelltown, Sutherland and Penrith Local Courts. We have secured countless Section 10 non-conviction orders, rebutted the presumption of supply, and had charges withdrawn on technical grounds. This guide explains cannabis laws in NSW, possession vs supply, current penalties, strong defences, and why early advice from an experienced cannabis lawyer in Sydney can protect your future.
Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship. For legal Advice, please be sure to contact our office at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au.
Cannabis Laws in NSW – Possession vs Supply
The main offences are under the Drug Misuse and Trafficking Act 1985 (NSW).
Simple Possession (s 10)
You knowingly had cannabis in your custody or control. No intention to supply is required. Small personal amounts are usually charged as possession.
Deemed Supply (s 29)
If the quantity reaches the trafficable threshold (25 grams for cannabis), the law presumes supply. You must prove on the balance of probabilities that it was for personal use only.
Supply and Cultivation
Actual supply or growing plants (especially with commercial intent) carries much higher penalties.
Current thresholds (2026):
- Small quantity: up to 25 grams → simple possession
- Trafficable quantity: 25 g – 300 g → deemed supply
- Larger quantities: indictable or commercial supply
Penalties for Cannabis Charges in NSW
Simple Possession (first offence, small quantity)
- Maximum: 2 years imprisonment and/or $2,200 fine
- Typical outcome: Section 10 dismissal or Conditional Release Order with small fine. Many first offenders walk away with no conviction.
Deemed Supply (trafficable quantity)
- Maximum: 10 years imprisonment
- Typical first offence: 12–24 months intensive correction order or community correction order.
Cultivation
- Small number of plants: up to 2 years (Local Court) or 10 years (District Court)
- Commercial cultivation: up to 15 years imprisonment
Courts consider quantity, sophistication of grow, commercial purpose, and your subjective circumstances (remorse, rehabilitation, employment, family hardship).
Strong Defences for Cannabis Charges
- Unlawful Search
Evidence excluded under s 138 Evidence Act 1995 if police breached LEPRA (no reasonable suspicion, unlawful stop or arrest). This defence has led to many cannabis charges being withdrawn. - Lack of Knowledge or Control
The cannabis belonged to someone else or you had no effective control (shared house or borrowed car). - Rebutting the Presumption of Supply
Prove the cannabis was for personal use only (addiction history, consumption rate, no scales or supply indicia). - Section 10 Non-Conviction Order
No conviction recorded. Highly achievable for small-quantity first offences with strong mitigation (completed SMART Recovery or MERIT, employment letters, character references, family hardship).
Practical Steps If Charged With Cannabis Offences
- Exercise your right to silence — do not answer questions without a lawyer.
- Contact an experienced cannabis lawyer immediately.
- Complete relevant programs early (SMART Recovery, MERIT).
- Gather strong subjective material (employer letters, medical evidence, character references).
- Prepare for a Section 10 application or technical defence from the first mention.
Why Choose Nicopoulos Sabbagh Lawyers as Your Cannabis Lawyer in Sydney
When you need a cannabis lawyer Sydney residents trust, experience and results matter. Our firm offers daily court appearances, high success rates in Section 10 dismissals and charge withdrawals, 24/7 urgent support, and personalised strategies tailored to your situation. We know exactly what each Sydney magistrate looks for in cannabis matters.
Contact Us Today
If you have been charged with cannabis possession, supply, or cultivation in NSW, act quickly. Early intervention often leads to the best results.
Contact Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers now:
- Phone: 0427 101 499 or 02 9793 7016
- Email: info@nslaw.net.au
- Website: www.nslaw.net.au
We offer free initial consultations and are ready to fight for the best possible outcome in your cannabis matter. Protect your record and your future — contact us today.
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Ethical Note: This article provides general information on traffic offences and legal options in NSW and does not guarantee specific outcomes. Results depend on individual circumstances. Always obtain personalised legal advice from a qualified professional. For expert assistance, contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au.
Why Choose Nicopoulos Sabbagh Lawyers Criminal Lawyers & Traffic Lawyers YOUR Leading Sydney Criminal Defence & Traffic Lawyers to represent you in your Traffic Law Matter?
Nicopoulos Sabbagh Lawyers are the leading Law firm in Traffic Law matters as our office appears at ALL Courts in NSW on a regular basis in ALL Traffic Law matters. No matter is too complex for Nicopoulos Sabbagh lawyers, your Traffic Sydney Lawyers, so be sure to book your first Free Consultation today!
GOING TO COURT?
It is very important that you speak with a lawyer so that you can get the appropriate legal advice which you require prior to going to court.
Our team of experienced solicitors are there for you and can help you answer all your questions, so be sure to contact your Sydney Lawyers, Nicopoulos Sabbagh Lawyers.
*This article correctly reflects the Laws of NSW as of 17th June 2026.
*Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship.