Drug Offences

Drug Offences

It is possible to get drug offences downgraded – a mental health dismissal, or even a Section 10 Dismissal (no criminal record). If you want to maximise the likelihood of avoiding a criminal record for a drug offence – it is best to get legal advice early, and have someone represent you in court.

Drug Possession

Out of all of the drug offences, drug possession is often seen as relatively ‘minor’. However, if you are convicted, it can have a serious impact on your life. A conviction could result in up to 2 years imprisonment and a $2,200 fine – plus additional ongoing impacts on your employment, family and relationships, lifestyle or travel plans.

Schedule 1 of the Drug Misuse and Trafficking Act 1985 lists the substances that are prohibited – and includes drugs such as marijuana, cocaine, amphetamines and ecstasy. The amount that you have on you, determines the drug offences that you may be charged with. The larger the amount, the more serious the charge and potential consequences.

In order to be found guilty of one or more drug offences, the police must establish beyond reasonable doubt that:-

1. A drug listed under Schedule 1 was in your possession, custody or control.
2. That you knew it was in your possession, or would have been likely to know that it was.
3. That you knew it was a prohibited drug.

If you are charged with possession – it generally means that you had a small quantity of drugs on you, but it could also refer to being found in your car or in your house.

Drug possession is a summary offence, and generally dealt with in the Local Court.

Drug Supply and Deemed Drug Supply

Drug supply and ‘deemed drug supply’, are serious drug offences. The severity of the consequences for a drug supply charge, really depends on the amount of a drug that you have been caught with, and who you are caught supplying drugs to.

‘Supply’ includes sending, delivering, receiving, agreeing to supply, offering to supply, holding drugs in your possession for future supply or allowing any of those acts. It includes giving people drugs for free or taking drugs to parties to share.

Deemed drug supply, means you are caught with a trafficable quantity of a drug in your possession, and the police can reasonably assume that given the amount, you are intending to supply drugs to others.

Drug offences are either heard in the Local Court (for smaller quantities) or the District Court, and you can face hefty fines and lengthy prison sentences. .  

You can choose to plead guilty or not guilty to a supply charge. To discuss what to do and to get the best possible outcome, you should contact our office.

What can I do?

If you have been charged with a drug offence it is important to get legal advice so that you can weigh up your options. It may be possible to apply for a Section 10 or plead your case as to why your circumstances warrant a reduced penalty.

If you are unsure whether you want to plead guilty or not guilty, call our criminal and traffic lawyer for a free initial 15 minute telephone consult today.