Drug Possession Offence Lawyers in Sydney NSW
Being caught or charged with a drug
It’s always advisable to contact a drug defense lawyer so that you have the all the facts you need to get the best outcome for you. Our Sydney criminal lawyers will accurately advise you on your options and provide you with the best defense and way to move forward and what the likely outcome will be. If you are pleading guilty to small possession we will advise you on how to fight the charges for a section 10 (Which means you will avoid a criminal record). If you wish to plead not guilty, we will work hard to have your charges reduced or withdrawn altogether We can get cases dropped by writing to the prosecution and highlighting the
Drug Possession in NSW
The maximum penalty
Drugs on Premises
This refers to being charged with allowing a place to be used as
The maximum penalty for a
- Unlawful supply or manufacture of prohibited substances
- Unlawful commercial cultivation of prohibited plants by enhanced indoor means
Getting Drug Charges Dropped
There are a few ways you can get the charges against you dropped. A common way is where the police have performed an illegal search.
The police are not allowed to just randomly search individual or vehicles. If they find drugs this way it may be “thrown out of court” later. This is because the law states that the police can only search an individual or vehicle if they have
What does “Suspicion on Reasonable Grounds” mean?
There are 3 elements that the courts look at to determine this:
- A reasonable suspicion requires that it is less than a reasonable belief but more than a possibility that illegal
susbtanceswere present at the particular time.
- A reasonable suspicion is not arbitrary. Some factual basis for the suspicion must be shown
- The source of the
officersinformation and its content must be assessed in light of all surrounding circumstances
Situations where the “reasonable suspicion” is not sufficient
- Where police decide to search someone because they look nervous in a known drug area
- Where a person is stopped for a random breath test and appears nervous or agitated
- Searching someone just because the person they are accompanying has previously been convicted of drug
- Any random or arbitrary search
Situations where there may be a “reasonable suspicion”
- Police observed what appears to be a drug transaction
- Police have received a report of recent drug activity which includes a detailed description and matches the suspected person or vehicle to be searched
personsactions and demeanor are highly suggestive of possession i.e. person is observed to discard an object of purposely concealan object.
Drug trafficking is a broad term that is used for the supplying of prohibited substances. The term itself is not a charge but rather a general term that refers to other charges which
Drug supply refers broadly to situations where the sale or distributions of illegal substances has taken place. This includes storing drugs for later distribution, sending them in the post or delivering them in person. It also includes giving them away to people for free.
Penalties for Drug Supply Offences
Here is a table that summarizes the how
|Small quantity||Trafficable quantity||Indictable quantity||Commercial Quantity|
|Cannabis Leaf||30 grams||300 grams||1000 grams||25kg|
|Ecstasy||0.8 grams||3 grams||5 grams||250 grams|
|Cocaine/ Heroin/ Amphetamine||1 gram||3 grams||5 grams||250 grams|
Drug supply can be broken down into 2 main categories
“Deemed” Drug Supply
“Deemed supply” means that you have been caught with a trafficable amount of drugs. The Police may automatically assume you have been involved in the supply or trafficking if you have been caught with a trafficable amount.
Drug Supply on “Ongoing Basis”
The supply prohibited substances more than 3 times a month used for purpose of financial or material gain is considered drug supply on an ongoing basis. This does not include the supply of cannabis. This is one of the most serious
Manufacture involves preparing, producing or manufacturing illegal substances. This also includes any participation in the process of which those substances were made. The maximum penalty for this
Cultivate Prohibited Plant (Cannabis)
Cultivation refers to the growing and maintenance of illegal plants. The most common example is growing cannabis in your home. The maximum penalty for this
Importation and possession of Border Controlled Drug
This refers to the importation or possession of an unlawful border controlled plant or drug. The maximum penalty is 10 years imprisonment. If the importing or exporting is of a marketable quantity of that drug or plant the maximum penalty is 25 years imprisonment. For commercial
Commercial Drug Trials
This occurs when you are charged with a commercial quantity.
Drug and Rehabilitation Programs
If you are charged with a drug
MERIT Drug Program
If you have been charged with a drug offence the MERIT Program can be an option for you. MERIT stands for Magistrates Early Referral into Treatment. Merit is run by courts and helps people break their addictive cycle with drugs and seeks to rehabilitate them. You can apply for this program if you are an adult who is eligible for bail and voluntarily agrees to participate. You must not be charged with any serious offences i.e. sexual or indictable that are dealt with in the District of Supreme court
Drug Court Program
This is for people for have a history of
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