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Facing a Drug Charge in NSW?
Drug offences in New South Wales are governed by the Drug Misuse and Trafficking Act 1985 (NSW). This legislation establishes a range of offences covering the possession, supply, manufacture, and cultivation of prohibited drugs, with penalties that vary significantly depending on the type and quantity of drug involved.
At the lower end, simple possession of a small quantity carries a maximum of 2 years’ imprisonment. At the most serious end, supply of a large commercial quantity of a prohibited drug (other than cannabis) carries a maximum penalty of life imprisonment and a fine of up to $550,000.
At Blackridge Law, we are specialist criminal defence lawyers with extensive experience defending clients charged with all categories of drug offences across Sydney and NSW. Whether you are facing a simple possession charge or a complex supply allegation, our team provides strategic defence and works to achieve the best possible outcome.
If you have been charged with a drug offence, contact Blackridge Law on 02 9159 9010 for a free, confidential consultation.
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Drug Quantity Thresholds (Schedule 1)
Under Schedule 1 of the Drug Misuse and Trafficking Act, drug quantities are classified into five categories that determine the seriousness of the charge and the applicable penalties. The table below shows thresholds for common prohibited drugs:
| Drug | Small | Trafficable | Indictable | Commercial | Large Commercial |
|---|---|---|---|---|---|
| Cannabis Leaf | 30g | 300g | 1kg | 25kg | 100kg |
| Cocaine | 1g | 3g | 5g | 250g | 1kg |
| Methylamphetamine (Ice) | 1g | 3g | 5g | 250g | 500g |
| MDMA (Ecstasy) | 0.75g | 1.25g | 5g | 250g | 500g |
| Heroin | 1g | 3g | 5g | 250g | 1kg |
Note: These quantities are based on gross weight alone — purity or concentration is not taken into account. The full list of prohibited drugs and quantities is set out in Schedule 1 of the Act.
Overview of Maximum Penalties
| Offence | Section | Max Penalty (Indictment) |
|---|---|---|
| Drug Possession | s 10 | 2 years and/or $2,200 fine |
| Supply (less than commercial qty) | s 25(1) | 15 years and/or $220,000 |
| Supply (commercial qty) | s 25(2) | 20 years and/or $385,000 |
| Supply (large commercial qty) | s 25(2) | Life and/or $550,000 |
| Deemed Supply (trafficable qty) | s 29 | 15 years and/or $220,000 |
| Ongoing Supply | s 25A | 20 years and/or $385,000 |
| Cultivation (less than commercial qty) | s 23(1) | 10–15 years |
| Manufacture | s 24 | 15–20 years |
Note: Penalties for cannabis offences are generally lower than for other prohibited drugs. In the Local Court, the maximum penalty for most drug offences is 2 years’ imprisonment and/or a fine of $11,000.
How Blackridge Law Can Help
- Free Initial Consultation: We assess your drug charge and provide clear advice on your options, the likely outcomes, and the best strategy.
- Evidence Analysis: We thoroughly review the prosecution brief, including forensic analysis, search warrant validity, police procedures, and electronic evidence.
- Defence Preparation: We identify all available defences, including challenging search legality, chain of custody issues, knowledge/possession disputes, and the Carey defence.
- Negotiation with Prosecution: We negotiate to have charges reduced, downgraded, or withdrawn where the evidence supports it.
- Section 10 Dismissals: For less serious drug charges, we work to achieve non-conviction outcomes that protect your criminal record.
- Court Representation Across NSW: We appear at Local Courts, the District Court, and the Supreme Court across Sydney and NSW.
Speak with a lawyer
Charged with a drug offence? Call Blackridge Law now.
Suite 36, Level 4, 402-410 Chapel Rd, Bankstown NSW 2200
Free consultation | Fixed fees | Available 24/7
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