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Charged with Drug Possession in NSW?
Drug possession is the most common drug offence in NSW. Under section 10 of the Drug Misuse and Trafficking Act 1985 (NSW), it is an offence to have a prohibited drug in your possession. The maximum penalty is 2 years’ imprisonment and/or a fine of $2,200.
While drug possession is considered a less serious drug offence, a conviction will be recorded on your criminal record and can affect your employment, travel, and future opportunities. With the right legal representation, it is often possible to achieve a Section 10 dismissal (no conviction recorded) or other favourable outcome.
If you have been charged with drug possession, contact Blackridge Law on 02 9159 9010 for a free consultation.
Elements of Drug Possession
To prove a charge of drug possession, the prosecution must establish beyond reasonable doubt that:
- The substance found is a prohibited drug listed under Schedule 1 of the Drug Misuse and Trafficking Act
- You had custody or control of the drug, with the intention to exclude others not acting in concert
- You knew or believed there was a real chance that the prohibited drug was in your possession
The prosecution does not need to prove that you knew the specific type of drug — only that you knew or were aware of the likelihood that a prohibited drug was present.
Defences to Drug Possession
- No Knowledge: You did not know and had no reason to suspect the substance was in your possession — for example, someone placed drugs in your bag without your knowledge
- Not a Prohibited Drug: The substance is not listed as a prohibited drug under Schedule 1 of the Act
- Unlawful Search: The drugs were found as a result of an unlawful search by police, and the evidence should be excluded under section 138 of the Evidence Act 1995
- Minute Trace: The quantity is so small it amounts to a mere trace or residue, insufficient to constitute “possession”
- Duress or Necessity: You possessed the drug under threat of serious harm or in circumstances of genuine emergency
- Lawful Authority: You were licensed or authorised to possess the drug under the Poisons and Therapeutic Goods Act 1966
Penalties for Drug Possession
The maximum penalty is 2 years’ imprisonment and/or a fine of $2,200. In practice, imprisonment is rarely imposed for first-time possession offences. Courts frequently impose non-custodial penalties, and a Section 10 dismissal (no conviction recorded) is a realistic outcome with strong legal representation.
Since 2019, NSW Police also have the option of issuing a Criminal Infringement Notice (CIN) for minor drug possession offences, which operates like a fine and does not require a court appearance. However, paying a CIN means accepting the offence.
How Blackridge Law Can Help
Our drug defence lawyers review every aspect of your matter — from the legality of the police search to the forensic analysis of the substance. We regularly achieve Section 10 dismissals, Conditional Release Orders, and charge withdrawals for clients charged with drug possession. We also advise on whether to accept a Criminal Infringement Notice or elect to have the matter dealt with in court.
Speak with a lawyer
Charged with drug possession? 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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