Drug offences in New South Wales are primarily governed by the Drug Misuse and Trafficking Act 1985 (NSW). The penalties for drug offences vary significantly depending on the type and quantity of the drug involved, and whether the charge relates to personal possession, supply, or manufacture.

Possession of a prohibited drug for personal use is the least serious drug offence and is typically dealt with in the Local Court. However, even a possession charge can result in a criminal conviction that affects your employment, travel, and professional registrations. For some first-time offenders, diversion programs such as the Cannabis Cautioning Scheme or the Magistrates Early Referral Into Treatment (MERIT) program may be available.

Supply offences are far more serious and carry substantial penalties. “Supply” includes selling, distributing, or even giving a prohibited drug to another person. Where the quantity exceeds a “traffickable” or “commercial” quantity, the offence is dealt with as a serious indictable matter with mandatory considerations for full-time imprisonment.

Manufacturing or producing prohibited drugs, including cultivating cannabis plants, also carries serious penalties. The manufacture of commercial quantities of prohibited drugs can attract a maximum penalty of life imprisonment.

At Bateman Battersby Lawyers Penrith, our experienced team can assist you with all aspects of drug charges, including:

• advising you on the charges and potential penalties you face;
• reviewing the evidence, including the circumstances of any search or seizure;
• identifying whether diversion programs or alternative sentencing options are available;
• challenging the prosecution case where there are issues with evidence or procedure;
• representing you at hearings and making submissions on sentence.