What To Do If Charged With Drug Possession in NSW

Drug possession charges in NSW carry serious legal consequences. This comprehensive guide explains what constitutes drug possession, possible penalties, defences available, and crucial steps you should take to protect your rights and future. For details on specific charges and penalties, visit our Drug Offences page.

What is drug possession in NSW?

Drug possession in NSW is defined under the Drug Misuse and Trafficking Act 1985. It involves having physical custody or control of a prohibited drug, whether on your person, in your home, car, or even if held by someone else for you.

Penalties for drug possession in NSW

Penalties also vary depending on the classification of the drug. For example, Schedule 1 drugs such as heroin and cocaine carry harsher penalties compared to Schedule 2 drugs like cannabis oil or some prescription medications held without authority. This classification affects maximum sentencing and bail considerations. Penalties depend on the type and quantity of drug:

• Cannabis (less than 15g): May be eligible for a caution under the Cannabis Cautioning Scheme.
• Other drugs (small quantity): Maximum penalty of $2,200 fine and/or 2 years imprisonment.
• Indictable quantities or deemed supply: Harsher penalties including long-term imprisonment.

Courts consider prior convictions, circumstances of possession, and cooperation with police when sentencing. For an overview of NSW drug laws and your legal rights, visit State Library NSW – Drugs and the Law.

Possible defences to drug possession charges

• No knowledge: You were unaware the drug was in your possession. Your lawyer will present evidence of lack of awareness or control.
• Not a prohibited drug: The substance is not classified under NSW law, requiring forensic analysis results.
• Unlawful search: Police conducted an illegal search without reasonable suspicion, which your lawyer can challenge for evidence exclusion.
• Temporary possession: Holding the drug for another person without intent to use, argued based on context and supporting witness statements.

For insights on avoiding a conviction, read our guide on Section 10 Dismissal.

Step-by-step: What to do if charged with drug possession

1. Remain calm and cooperate with police. Avoid aggressive behaviour that may worsen the situation.
2. Do not admit guilt without legal advice. Statements made can be used against you in court.
3. Request legal representation immediately. A criminal defence lawyer can protect your rights from the outset.
4. Understand the charges fully. Ask your lawyer to explain possible outcomes and defences.
5. Gather evidence supporting your defence. This may include witness statements, CCTV footage, or proof of unlawful search.
6. Consider rehabilitation programs. Courts often favour defendants demonstrating proactive behaviour change.
7. Prepare character references. Strong references can influence sentencing, showing you are a responsible member of society.
8. Attend all court dates as required. Failure to appear can result in arrest warrants and additional charges.
9. Follow your lawyer’s advice precisely. Your defence strategy depends on full cooperation.
10. Plan for long-term implications. A conviction can affect employment, travel visas, and future legal matters.

Impact of a conviction on employment and travel

A drug conviction can severely impact your job prospects, particularly in industries requiring background checks, government clearances, or professional licences. International travel may also be restricted, with some countries refusing visa applications from individuals with drug offences on their record.

Why choose Ly Lawyers for drug possession defence

Ly Lawyers have extensive experience defending drug possession charges across NSW. Our approach focuses on achieving the best possible outcomes for clients through strategic negotiation, rigorous defence, and strong courtroom advocacy.

• Available 24/7 for urgent legal help
• Proven record in drug offence defence
• Offices across Sydney CBD, Parramatta, Liverpool, Newcastle, and more

Contact Ly Lawyers today for a confidential consultation.