Possession, supply and deemed supply
Most State drug charges are brought under the Drug Misuse and Trafficking Act 1985 (NSW). For possession, the prosecution must prove that the person knew of the drug and had control of it.
Where the quantity reaches the traffickable quantity for that drug, a person may be deemed to have it for supply unless they prove it was for another purpose, such as personal use. Penalties increase significantly with the quantity involved, and the thresholds for small, traffickable, indictable, commercial and large commercial quantities differ for each drug.
Common issues in drug cases
- Whether drugs found in a shared house, car or package can be linked to a particular person
- The lawfulness of the search and whether evidence may be excluded
- Analysis certificates, weights and purity
- Telephone downloads, messages and surveillance evidence
- The alleged role of each person in a group or ongoing supply operation
Diversion and treatment programs
Depending on the circumstances, some people may be eligible for programs that address drug use, such as the Magistrates Early Referral Into Treatment (MERIT) program, or for police diversion for small quantities. Eligibility depends on the charge, the quantity and the person's history, and should be assessed early.
Our work
- Possession and use of prohibited drugs
- Supply, deemed supply and ongoing supply
- Commercial and large commercial quantity matters
- Manufacture and cultivation, including hydroponic cultivation
- Commonwealth importation and border controlled drug charges
- Related proceeds of crime and asset restraint proceedings
Frequently asked questions
The drugs were found in a shared car or house. Can I still be charged?
Yes, but the prosecution must prove that you knew about the drugs and had control of them. Being near the drugs is not enough on its own. These cases often turn on the specific evidence linking a person to the drugs.
Can I avoid a criminal record for drug possession?
For some possession charges, a dismissal or a conditional release order without conviction may be available. Whether that is realistic depends on the facts, your history and the material presented to the court.
This page is general information about the law in NSW and our work. It is not legal advice about your situation. Procedures, penalties and deadlines depend on the charge and can change.