A spate of recent drug related deaths has once again put penalties for drugs charges in the spotlight. The death of a woman at Sydney’s Stereosonic Music Festival, and the death of a man at Adelaide’s equivalent has resulted in a flurry of media reports relating to the use of recreational drugs in NSW. It would not be surprising to see Magistrates and Judges begin to take what is perceived to be a harsher approach to these types of offences given the level of social scrutiny they are receiving.
There are two main types of drug offence in New South Wales. The first is “possession”, i.e. being in possession of drugs for personal use. The second is “supply”, i.e. being in possession of drugs intended to be sold or provided to other people.
The offence of possessing a prohibited drug in New South Wales carries a maximum penalty of two years in jail and a $2,200.00 fine. For more serious possession offences (such as repeat offences) a prison sentence can be a possible outcome if you are found guilty.
For a less serious manifestation of this offence (such as a first offence), a Community Service Order, Good Behaviour Bond, fine or Section 10 (meaning your conviction is not recorded) are all possible outcomes if you are found guilty.
In NSW, the offence of supplying a prohibited drug carries a maximum penalty of life imprisonment.
Determining if you are guilty of a supply offence depends on the amount and type of drug you are caught with. The Drug Misuse & Trafficking Act sets out the small, trafficable, indictable, commercial and large commercial quantities for each drug. People may be surprised at the small amount of drugs that are required to render you guilty of a supply offence.
Your penalty for any of the above offences will depend on a range of factors including the type of drug you are caught with, the amount of drugs you are caught with, and the circumstances surrounding the offence.
