THE LAWS SURROUNDING THE OFFENCE OF DRUG POSSESSION IN SYDNEY, NSW

on June 30, 2025

Facing a drug possession charge in Sydney, NSW, can be an overwhelming experience, with significant legal, personal, and professional consequences. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we specialize in criminal law and traffic law, providing expert legal representation to protect your rights and achieve the best possible outcome. As leading Sydney criminal lawyers and traffic law specialists, we understand the complexities of drug-related offences and are committed to guiding clients through the NSW legal system.

In this comprehensive guide, we explore the laws surrounding the offence of drug possession in Sydney, NSW, including the legal framework, penalties, defences, and steps to take if charged. For legal advice, contact us at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au.

Understanding Drug Possession in NSW

In New South Wales, drug possession is a criminal offence governed primarily by the Drug Misuse and Trafficking Act 1985 (NSW). Under section 10 of this Act, it is illegal to possess a prohibited drug without lawful authority, such as a prescription or medical exemption. Prohibited drugs include substances like cannabis, methamphetamine (ice), cocaine, heroin, MDMA (ecstasy), and certain prescription medications when possessed unlawfully.

What Constitutes Drug Possession?

To secure a conviction for drug possession, the prosecution must prove beyond reasonable doubt that:

  1. You had custody or control of the substance (e.g., it was in your pocket, car, or home).
  2. The substance was a prohibited drug as defined in Schedule 1 of the Drug Misuse and Trafficking Act 1985.
  3. You knew or were reckless about possessing the drug.

Possession can be actual (e.g., drugs in your hand), constructive (e.g., drugs in a place you control, like your car), or joint (e.g., drugs shared with others). Even small quantities can lead to charges, though the amount influences the severity of the offence and potential penalties.

Related Offences

Drug possession charges may be accompanied by related offences, such as:

  • Drug Supply (section 25, Drug Misuse and Trafficking Act 1985): If the quantity exceeds the “traffickable” amount, you may be charged with supply based on deemed supply provisions.
  • Possession of Drug Paraphernalia (section 11): Possessing items like pipes or syringes used for drug administration.
  • Driving Under the Influence of Drugs (section 112, Road Transport Act 2013): If drugs were detected while driving.

Legal Framework for Drug Possession in NSW

The Drug Misuse and Trafficking Act 1985 is the primary legislation governing drug possession in NSW. Key provisions include:

  • Section 10: Makes it an offence to possess a prohibited drug, with penalties varying based on the drug type and quantity.
  • Section 21: Defines the maximum penalty for possession as a fine of up to $2,200 and/or 2 years imprisonment.
  • Schedule 1: Lists prohibited drugs and their “small,” “traffickable,” “indictable,” and “commercial” quantities, which influence the charge and penalty.

Drug possession is typically a summary offence, heard in the Local Court (e.g., Parramatta, Liverpool, or Campbelltown), unless it involves large quantities or related indictable offences, which may escalate to the District Court or Supreme Court.

Police Powers

Under section 36 of the Drug Misuse and Trafficking Act 1985, NSW Police have broad powers to:

  • Search individuals, vehicles, or premises if they suspect drug possession.
  • Seize suspected drugs for forensic testing.
  • Arrest and charge individuals based on evidence of possession.

Police may also conduct drug detection operations, such as roadside drug testing or searches at public events, to identify possession offences.

Penalties for Drug Possession in NSW

The penalties for drug possession in NSW depend on the drug type, quantity, and your circumstances. Below, we outline the potential consequences for a first-time or subsequent offence.

Maximum Penalties

  • Fine: Up to $2,200 (20 penalty units).
  • Imprisonment: Up to 2 years.
  • Other Orders:
    • Section 10(1)(a) Dismissal: No conviction or penalty, preserving a clean record.
    • Section 10(1)(b) Conditional Release Order (CRO): No conviction, with conditions like good behaviour for up to 2 years.
    • Community Correction Order (CCO): Community service or supervision following a conviction.
    • Good Behaviour Bond: Under section 9 of the Crimes (Sentencing Procedure) Act 1999, requiring compliance with conditions.

Impact of Drug Quantity

The quantity of the drug influences whether the charge remains possession or escalates to deemed supply (section 29, Drug Misuse and Trafficking Act 1985). For example:

  • Cannabis: Small quantity (30g), traffickable quantity (300g).
  • Methamphetamine/Cocaine: Small quantity (1g), traffickable quantity (3g).
  • Heroin: Small quantity (1g), traffickable quantity (3g).
  • MDMA: Small quantity (0.25g), traffickable quantity (0.75g).

Possessing a traffickable quantity may lead to a supply charge, with penalties up to 15 years imprisonment or life for commercial quantities.

Broader Consequences

A drug possession conviction can have significant impacts:

  • Criminal Record: Remains on your National Police Certificate for 10 years (or 3 years for juveniles) unless spent under the Criminal Records Act 1991.
  • Employment: Affects roles requiring a clean record, such as government, security, or professional positions.
  • Travel: Countries like the USA and Canada may deny entry for drug-related convictions.
  • Reputation: Public perception and personal relationships may be affected.

Defences for Drug Possession Charges

A Sydney criminal defence lawyer can explore several defences to have a drug possession charge dismissed or penalties reduced. Common defences include:

  1. Lack of Knowledge:
    1. You were unaware the substance was in your possession (e.g., drugs placed in your bag without your knowledge).
    1. The prosecution must prove you knew or were reckless about the drug’s presence.
  2. No Possession:
    1. You did not have custody or control of the drug (e.g., it belonged to someone else in a shared space).
  3. Lawful Purpose:
    1. The substance was a prescribed medication used as directed (e.g., medical cannabis with a prescription).
  4. Procedural Errors:
    1. Police conducted an unlawful search or seizure, violating section 36 of the Drug Misuse and Trafficking Act 1985.
    1. Evidence was mishandled or contaminated, undermining its reliability.
  5. Duress or Necessity:
    1. You possessed the drug under coercion or to avoid immediate harm.

At Nicopoulos Sabbagh Lawyers, our Sydney criminal lawyers will thoroughly review police evidence, such as search records or forensic reports, obtain your instructions and identify any possible defences.

Strategies to Mitigate Penalties

Even if a conviction is likely, a Sydney criminal defence lawyer can employ strategies to reduce penalties or secure non-conviction outcomes:

  1. Negotiating with Prosecutors:
    1. Amend the police fact sheet to present a less serious version of events.
    1. Negotiate to reduce a supply charge to possession if the quantity is borderline.
  • Presenting Mitigating Factors:
    • Provide character references from employers or community members.
    • Demonstrate remorse through apologies or rehabilitation programs (e.g., drug counselling).
    • Show hardship, such as the impact of a conviction on employment or family.
  • Seeking Non-Conviction Outcomes:
    • Advocate for a section 10(1)(a) dismissal or section 10(1)(b) CRO to avoid a criminal record, especially for first-time offenders with small quantities.
  • Rehabilitation Programs:
    • Complete drug or alcohol counselling to demonstrate a commitment to change, which courts view favourably.
  • Mental Health Diversions:
    • Apply for a section 14 diversion if a mental health condition contributed to the offence.

Our Sydney traffic lawyers can also address related driving offences, such as drug driving, to minimize additional penalties like licence disqualification.

The Court Process for Drug Possession

The court process for a drug possession charge typically involves:

  1. Arrest or Court Attendance Notice (CAN):
    1. Police may arrest you or issue a CAN, requiring a court appearance in the Local Court.
  2. Bail Application:
    1. If arrested, a lawyer can apply for bail under the Bail Act 2013 to secure your release with reasonable conditions.
  3. First Court Appearance (Mention):
    1. You enter a plea (guilty or not guilty). An adjournment may be granted to prepare your case.
  4. Hearing or Sentencing:
    1. If pleading not guilty, a hearing is scheduled to examine evidence.
    1. If pleading guilty or found guilty, a sentencing hearing determines the penalty.
  5. Possible Outcomes:
    1. Non-conviction orders (section 10 dismissal or CRO).
    1. Conviction with fines, imprisonment, or community-based orders.
    1. Mental health diversion under section 14.
  6. Appeals:
    1. If the sentence is unfair, you can appeal to the District Court within 28 days under the Crimes (Appeal and Review) Act 2001.

Steps to Take If Charged with Drug Possession

To protect your rights and improve your case outcome, follow these steps:

  1. Engage a Sydney Criminal Lawyer Immediately:
    1. Contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au or 0427 101 499 for a free consultation to assess your case and develop a defence strategy.
  2. Exercise Your Right to Silence:
    1. Avoid making statements to police without legal advice, as they may be used against you.
  3. Gather Evidence:
    1. Collect documents like the CAN, police fact sheet, medical records (for prescription drugs), or character references.
    1. Provide witness statements or other evidence supporting your defence (e.g., proving lack of knowledge).
  4. Consider Rehabilitation:
    1. Enrol in drug counselling or treatment programs to demonstrate remorse and rehabilitation.
  5. Prepare for Court:
    1. Work with your lawyer to present a professional case, including compelling submissions and evidence.
  6. Explore Mental Health Diversions:
    1. If applicable, discuss section 14 applications with your lawyer to pursue treatment over punishment.

Why Choose Nicopoulos Sabbagh Lawyers?

At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we are dedicated to delivering exceptional representation for drug possession and related charges in Sydney, NSW. Our team offers:

  • Specialised Expertise: In-depth knowledge of the Drug Misuse and Trafficking Act 1985, Crimes (Sentencing Procedure) Act 1999, and Road Transport Act 2013.
  • Proven Results: Securing section 10 dismissals, CROs, and reduced penalties across Sydney courts, including Parramatta, Liverpool, and Campbelltown.
  • Ethical Representation: Adhering to the Legal Profession Uniform Law (NSW) and Solicitors’ Conduct Rules for transparent, reliable advice.
  • Accessible Support: Contact us at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au for a free initial consultation.

Don’t let a drug possession charge jeopardize your future. Our Sydney criminal lawyers and traffic law specialists will fight tirelessly to protect your rights and achieve the best possible outcome.

Conclusion

The laws surrounding drug possession in Sydney, NSW, are stringent, with penalties including fines up to $2,200, imprisonment up to 2 years, and a lasting criminal record. However, with the right legal strategy, a Sydney criminal defence lawyer can reduce penalties, secure non-conviction outcomes, or have charges dismissed through defences like lack of knowledge or procedural errors. At Nicopoulos Sabbagh Lawyers, we leverage our expertise to navigate the complexities of the Drug Misuse and Trafficking Act 1985 and deliver tailored solutions for our clients.

Take control of your drug possession case today. Contact Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au to schedule a free consultation. Let us help you protect your future and achieve the best possible result.

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*This article correctly reflects the Laws of NSW as of 28th June 2025.

*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.

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