Drug offences are treated very seriously under New South Wales law and can carry severe penalties, including criminal convictions, heavy fines, and lengthy terms of imprisonment. Even seemingly minor drug charges can have long-term consequences for your employment, travel, and personal life.
Our lawyers are expert drug lawyers and are highly experienced in defending drug possession, supply, and proceeds of crime matters and are best placed to guide you through the legal process and work towards the best possible outcome.
It is an offence to possess a prohibited drug unless you are lawfully authorised to do so. A person can be charged even if the drug is not found on their body, provided police allege that the accused had custody or control over the substance.
To prove a charge of possession of a prohibited drug, the prosecution must establish the following elements:
1. POSSESSION
The accused must have had custody or control of the substance. Possession can be:
● Actual possession (on your person), or
● Constructive possession (in a car, house, bag, or other place you control).
2. KNOWLEDGE
The prosecution must prove that the accused knew the substance existed and knew (or believed) it was a prohibited drug.
3. PROHIBITED DRUG
That the substance was in fact a prohibited drug as defined under NSW legislation.
Defences may be available depending on the circumstances, including lack of knowledge, lack of control, or challenging the legality of the police search and seizure.
Penalties for Drug Possession can include:
● Criminal Conviction
● Good Behaviour Bond
● Fines
● Community Service
● Imprisonment (depending on the drug and quantity)
Drug supply offences are significantly more serious than possession offences and cover a wide range of conduct — from sharing drugs with friends to large-scale commercial trafficking.
Importantly, NSW law recognises “deemed supply”, meaning a person can be charged with supply based solely on the quantity of drugs found, even if no actual supply took place.
To prove a charge of supply of a prohibited drug, the prosecution must establish:
1. SUPPLY
That the accused supplied, agreed to supply, or was involved in the supply of a prohibited drug. Supply includes selling, giving, exchanging, or sharing drugs.
2. KNOWLEDGE AND INTENT
That the accused knew the substance was a prohibited drug and intentionally participated in the supply.
3. PROHIBITED DRUG AND QUANTITY
That the substance was a prohibited drug and, where relevant, that the quantity meets the alleged category.
Supply offences are categorised as:
● Less than commercial quantity
● Commercial quantity
● Large commercial quantity
Penalties for Supply of Prohibited Drugs can include:
● Criminal Conviction
● Substantial fines
● Long-term imprisonment (up to life imprisonment for the most serious offences)
These matters often involve complex evidence, including phone records, surveillance, forensic analysis, and co-accused. Early legal advice is critical.
The law also criminalizes possession of prescribed restricted substances – medications that may otherwise be legally held if the person has a prescription, if the person does not hold a proper prescription. These matters can be quite complex and we recommend seeking legal advice as the penalties are similar to that of possession of illicit drugs.
Proceeds of crime offences arise when police allege that money, property, or assets were obtained through criminal activity, including drug offences. These matters are governed by the Criminal Assets Recovery Act 1990 (NSW) and can proceed independently of the underlying criminal charge.
Importantly, a person does not need to be convicted of a drug offence for police to take action against alleged proceeds of crime.
Proceeds of crime matters may involve:
● Seizure of cash, vehicles, or property
● Asset freezing or restraining orders
● Unexplained wealth proceedings
To succeed, the prosecution must establish that the property or assets are proceeds of unlawful conduct.
Defending proceeds of crime matters often requires urgent legal action to challenge seizure and protect assets. These cases are legally and financially complex and require experienced representation.
