Drug Possession Charges: Everything You Need to Know
Drug possession is taken very seriously in NSW, and it’s important to note that the offence isn’t about using drugs – it’s simply about having drugs in your possession.
What is drug possession?
To be found guilty of drug possession, the prosecution must prove beyond reasonable doubt that:
You had a prohibited drug in your possession; and
You knew that the drug was in your possession.
The list of prohibited drugs, along with the requisite quantities for each, is outlined in Schedule 1 of the Drug Misuse and Trafficking Act 1985 (NSW). For example, possession of 1 gram of cocaine, 1 gram of heroin, or 2.5 grams of ketamine is considered a criminal offence.
What are the penalties for drug possession?
The maximum penalty for drug possession in NSW is up to two years imprisonment and/or a fine of up to $2,200. While these penalties are the worst case scenario, they are typically reserved for repeat offenders or individuals with a significant criminal history.
For first-time offenders, penalties are often less harsh. Depending on the circumstances, courts may impose:
A conditional release order (with or without conviction);
A community corrections order; or
A fine.
In specific circumstances, courts may even impose a section 10 dismissal, where no conviction is recorded – even if you are found guilty. At Kingston Fox, our team has successfully helped clients achieve section 10 dismissals for drug possession offences.
What penalty will I receive?
Courts consider a variety of factors when deciding the penalty, including your criminal history, the quantity of drugs in your possession, and any mitigating steps you’ve taken. We will take the time to go through your unique circumstances to give you a fair idea of what outcomes could be expected.
Can I raise a defence?
There are several defences that may apply to a drug possession charge, depending on your circumstances. Defences include:
Unlawful search: If drugs were found during an unlawful police search, the evidence may be inadmissible in court.
Duress: If you were coerced into possessing the drugs under the threat of harm.
Necessity: If possessing the drugs was the only way to avoid imminent and serious harm.
Lack of knowledge: If you were unaware of the drugs in your possession or believed they were another substance.
Why choose Kingston Fox
At Kingston Fox, we understand the stress and uncertainty that comes with criminal charges. Our experienced team specialises in defending drug possession cases and will work tirelessly to ensure your case is handled with professionalism and care.
Whether you’re a first-time offender anxious about having to go to court or someone with a more complex legal history, we have the expertise to guide you through every step of the legal process.
Our team are committed to achieving the best possible outcome for our clients. We take the time to listen, understand your unique circumstances, and develop a tailored strategy that prioritises your future. With our extensive experience in criminal law, we can help reduce the stress of the legal process and advocate on your behalf.
This information is provided as a general guide only and does not constitute legal advice.
