Drug Offences (NSW)

New South Wales has laws against using, possessing, supplying, cultivating, manufacturing and importing prohibited drugs as well as drug driving offences. This page summarised some of the main offences relating to drugs in NSW. A person may be charged with offences relating to ecstasy, offences relating to cocaine, offences relating to steroids, the drug known as ice or cannabis, as well as other prohibited substances. These offences are governed by the Drugs Misuse and Trafficking Act 1985.

Possess prohibited drug

It is an offence in New South Wales to possess a prohibited drug. The penalties for possession of a prohibited drug depend on the quantity of the drug in a person’s possession and the circumstances of the offending.

Drug trafficking

It is a serious offence in New South Wales to supply other persons with a prohibited drug. Drug Trafficking can occur in a range of circumstances.

Supply prohibited drug

The offence of supply prohibited drug occurs when a person sells, gives, administers or transports a drug to another person. This offence carries a maximum penalty of three years imprisonment when dealt with in the Local Court. In the higher courts, it can attract a penlty of up to 15 years imprisonment. If a person supplies a prohibited drug on an ongoing basis, they are committing a more serious offence, which is punishable by up to 20 year imprisonment.

When a person supplies another person with a drug in circumstances that are limited to ‘social supply’, such as sharing a joint with friends, this as viewed as being at the lowest end of the spectrum for this offence and is likely to attract a low penalty.

Use of prohibited drug

It is an offence to use a prohibited drug in New South Wales. The offence of using a prohibited drug can consist of swallowing, snorting, injecting, smoking or otherwise using a prohibited drug.

Forging drug prescription

The offence of forging Drug Prescriptions occurs when someone falsifies or alters a prescription.This offence can attract a penalty of up to two years imprisonment.

Importation of drug offences

There is a range of offence relating to the importation of prohibited drugs.and the importation or exportation of border controlled substances.These are federal offences that can attract lengthy terms of imprisonment.

Synthetic

Some types of synthetic Drugs are illegal in New South Wales. The laws surrounding the use of synthetic drugs are ever-changing as more and more of these substances are added to the list of prohibited substances.

Cultivating

It is an offence to cultivate a prohibited plant in New South Wales.

Manufacturing drug offences

It is an offence to manufacture or take part in manufacturing a prohibited drug in NSW. This offence attracts a maximum penalty of 10 years imprisonment if the drug manufactured is cannabis or 15 years if the drug is any other prohibited drug.

Possess precursor for manufacture

The offence of possession of precursors for manufacture occurs when a person has a substance or ingredient that can be used along with other substances to create a prohibited drug. This offence is punishable by a maximum penalty of five years imprisonment or a fine of up to 1000 penalty units.

Administering drugs to cause a miscarriage

It is an offence to administer drugs to a woman with intent to cause a miscarriage. This offence carried a maximum of ten years imprisonment.

Drug driving

In New South Wales, police now undertake random testing for drug driving as well as drink driving. Driving with a prohibited drug present in one’s system can attract significant fines as well as periods of disqualification from driving and even terms of imprisonment. 

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.