Drug offences are common in Australia, but this doesn’t mean the courts treat them lightly. The serious issues caused by the prevalence of illicit drugs often give rise to penalties with far-reaching impacts.

Nott and Co Lawyers understand the complexities of Australia’s drug laws and will help you navigate and robustly defend charges of possession, supply, cultivation, manufacture and more.

Having a drug on you or in a house or property you occupy constitutes ‘possession’. If drugs are found in a car you own, or are driving, you can also be charged with possession.

A charge of possession is dealt with in the Local Court.

To establish the Drug Offence of Possession, the prosecution must prove beyond reasonable doubt that the accused:

• Had a prohibited drug in their possession; and
• Knew it was in their possession, or knew of its likely existence and nature; and
• Believed it was an illegal drug.

The maximum penalty for possession is 2 years in prison and/or a fine of $2,200. These penalties are usually reserved for the most serious cases.

In all cases, penalties depend on the facts of your case and the skill of your legal team in explaining your circumstances.

A fine is the most common outcome for people convicted of possession, followed by a good behaviour bond. Effective legal representation can help achieve these significantly lighter punishments.

There are several lines of defence in a possession charge. They include:

Duress: If you were unlawfully coerced into possessing illegal drugs through serious threats you believe put you or your family at risk, you may be deemed to be acting under duress.

Necessity: If you were in imminent danger and held the drugs only to avoid that danger, and because you believed there was no alternative, you may have a necessity defence.

Knowledge: If you did not know you had the prohibited drug (for example, if the drugs were planted on you), or thought the drugs were something else, you may be able to demonstrate lack of knowledge.

Illegal search: If police did not have ‘reasonable suspicion’ but conducted a search anyway, that search might be deemed illegal.

Lack of evidence: There might not be enough evidence to prove the drugs were exclusively yours (for example, they might have been found in a shared room), or that you disposed of the drugs (when it could have been someone else).

Lawful supply: The prohibited drug might have been lawfully prescribed or supplied to you (for example, for research or to deal with pain).

Drug supply’ relates to the sale or distribution of drugs. It includes keeping drugs at your home to distribute later, sending drugs by mail or courier, delivering drugs in person, and giving drugs to someone for free. You are at risk of a drug supply charge if you are involved at any stage of the supply process.

Charges of drug supply are dealt with in the Local and District Courts.

For this Drug Offence, the prosecution must prove beyond a reasonable doubt that:

• You supplied, or took part in the supply of, a substance, and
• The substance was a prohibited drug, and
• You knew, or believed at the time, that the substance was a prohibited drug.

Any search by police must have been legal, and the prosecution must also prove the drugs were exclusively yours.

Penalties vary, depending on the type and amount of drug supplied and whether the case is heard in the Local or District Court.

The maximum penalty for anyone found guilty of supply of less than a small amount in the Local Court is 2 years and/or a $5500 fine, but this can rise to a maximum fine of $550,000 and/or life imprisonment for the most serious offences. The severity of these penalties make skilled legal representation essential.

Generally, the following maximum penalties apply:

Less than a small amount: 2 years imprisonment and/or $5500 fine (Local Court); 15 years imprisonment and/or $220,000 fine (District Court)

Small amount: 2 years and/or $11,000 fine (Local Court); 15 years prison and/or $220,000 fine (District Court)

Indictable quantity: 2 years prison and/or $11,000 fine (Local Court); 15 years prison and/or $220,000 fine (District Court)

Commercial quantity: 20 years prison and/or $385,000 fine (District Court)

Large Commercial Quantity: Life imprisonment and/or $550,000 fine.

Duress: If you were unlawfully coerced into supplying illegal drugs through serious threats you believe put you or your family at risk, you may be deemed to be acting under duress.

Necessity: If you were in imminent danger and supplied the drugs only to avoid that danger, and because you believed there was no alternative, you may have a necessity defence.

Temporarily holding for another person: If you were holding the drugs for someone else and intended to give them back.

Deemed supply’ charges are determined by the quantity of drug in a person’s possession. If it’s at least a ‘traffickable amount’ (an amount that varies depending on the drug), police will presume you intended to supply it to others. It will be up to your legal team to prove you had the drug for personal use or some other reason.

Deemed supply charges apply if you are found with less than 0.75g of ecstasy/MDMA; less than 3g of cocaine, amphetamines or heroin, or less than 300 grams of cannabis.

In cases of deemed drug supply the prosecution must prove beyond reasonable doubt:

• You supplied a prohibited drug; or
• You took part in supplying a prohibited drug.

Penalties vary, depending on the type and amount of drug supplied and whether the case is heard in the Local or District Court.

The maximum penalty for anyone found guilty of supply of less than a small amount in the Local Court is 2 years and/or a $5500 fine, but this can rise to a maximum fine of $550,000 and/or life imprisonment for the most serious offences. The severity of these penalties make skilled legal representation essential.

Generally, the following maximum penalties apply:

Less than a small amount: 2 years imprisonment and/or $5500 fine (Local Court); 15 years imprisonment and/or $220,000 fine (District Court)

Small amount: 2 years and/or $11,000 fine (Local Court); 15 years prison and/or $220,000 fine (District Court)

Indictable quantity: 2 years prison and/or $11,000 fine (Local Court); 15 years prison and/or $220,000 fine (District Court)

Commercial quantity: 20 years prison and/or $385,000 fine (District Court)

Large Commercial Quantity: Life imprisonment and/or $550,000 fine

In all cases, penalties depend on the facts of your case and the effectiveness of your legal team in explaining your circumstances.

Duress: If you were unlawfully coerced into possessing illegal drugs through serious threats you believe put you or your family at risk, you may be deemed to be acting under duress.

Necessity: If you were in imminent danger and held the drugs only to avoid that danger, believing there was no alternative, you may have a necessity defence.

Knowledge: If you did not know you had the prohibited drug (for example, if the drugs were planted on you), or thought the drugs were something else, you may be able to demonstrate lack of knowledge.

Temporarily holding for another person: If you were holding the drugs for someone else and intended to give them back this defence may apply.

Personal use: If the drugs were intended only for your own use your legal team may argue deemed supply charges do not apply.

Illegal search: If police did not have ‘reasonable suspicion’ but conducted a search anyway, that search might be deemed illegal.

Lack of evidence: There might not be enough evidence to prove the drugs were exclusively yours (for example, they might have been found in a shared room), or that you disposed of the drugs (when it could have been someone else).

Lawful supply: The prohibited drug might have been lawfully prescribed or supplied to you (for example, for research or to deal with pain).

Charges of drug supply on an ongoing basis can be brought if you have supplied any amount of drugs on three separate occasions in a 30-day period for money or some other benefit. It applies to all prohibited drugs except cannabis.

Drug supply on an ongoing basis is dealt with in the Local Court unless either the defence or prosecution elect to take it to a higher court.

To establish drug supply on an ongoing basis, the prosecution must prove beyond reasonable doubt that:

• You supplied a prohibited drug on three or more occasions; and
• Those occasions were within 30 consecutive days; and

• You obtained money or another form of compensation.

The maximum penalty for a drug supply on an ongoing basis offence is 2 years in prison if the case remains in the Local Court, or 20 years imprisonment if it goes to a higher court.

In all cases, penalties depend on the facts of your case and the effectiveness of your legal team in explaining your circumstances.

Duress: If you were unlawfully coerced into possessing illegal drugs through serious threats you believe put you or your family at risk, you may be deemed to be acting under duress.

Necessity: If you were in imminent danger and held the drugs only to avoid that danger, believing there was no alternative, you may have a necessity defence.

Timing: You may establish the drugs were not supplied at least 3 times in 30 consecutive days.

Reward: You may argue you did not receive any financial reward or other material benefit.

The nature of the drug: You may argue to drug is not prohibited.

If you are charged with any of the following drug offences, Nott and Co Lawyers is ready 24/7 to assist you with your case.