All drug offences potentially carry a term of imprisonment, however, it is usually people caught with drugs other than for their personal use that will find themselves in serious trouble. If you have been charged with or under investigation for a drug offence, regardless of the scale you need the advice and representation of a criminal lawyer as soon as possible.
Drug Possession
The most common charge is for drug possession. The matter is heard in the Local Court and carries a maximum penalty of a $2,200 fine and/or imprisonment for 2 years.
Our lawyers are experienced in defending all types of drug possession charges and can advise and represent you on any drug possession charges.
Supply Prohibited Drug
It is an offence under the Drug Misuse and Trafficking Act for a person who knowingly takes part in the supply of a prohibited drug and is deemed a very serious crime.
Drug supply matters are generally determined by consideration of the weight and type of the drug in question. When an individual has in their possession of a quantity of drugs, if the weight of the drug exceeds a certain threshold you may be charged with “deemed supply” where it is deemed that the possession of such a quantity of drugs would not, in the normal circumstances, be for personal use only. The onus then falls back on the defence to prove that the possession was for personal use only and not for supply.
If the matter is heard in the Local Court, he maximum penalty is a fine of up to $2,200 and/or 2 years imprisonment. However, if the matter is heard in the District Court the maximum penalty for supply prohibited drug is a fine of up to $220,000 and/or 15 years imprisonment.
Drug Manufacture and Production
Drug manufacture and production receive a lot of media attention. Ecstasy, for example, is a drug that is imported into Australia as well as made locally in clandestine laboratories where quantities of chemicals are mixed, heated and extracted to produce an illegal drug. Meth (or ice) also falls into this category.
In NSW, the penalty imposed and the Court the matter is heard in is determined by the type and quantity of drug manufactured. Where the amount of prohibited drug manufactured exceeds the indictable quantity, the matter is heard in the District Court, not the Local Court.
The maximum penalty for manufacturing a prohibited drug is a fine of up to $220,000 and/or imprisonment for 15 years.