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Possessing Dangerous Drugs

Have you been charged with possessing dangerous drugs?

We recognise that people may possess an illicit substance for various reasons, including, but not limited to recreational and medicinal purposes. Our role is not to judge you, but to assist you in achieving the best available outcome in your particular circumstances.

It is important in your circumstances, you receive legal advice and recommendations tailored to your specific situation. The penalties for a charge relating to the possession of dangerous drugs can range significantly.

A first time offender with a small amount of an illicit substance may be eligible for the drug diversion program. The penalty can increase significantly, having regard to the type of illicit substance, quantity and the purpose for which it was possessed, such as a commercial purpose, which may result in a term of imprisonment.

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The Relevant Law

The Drugs Misuse Act 1986 provides that a person who unlawfully has possession of a dangerous drug is guilty of a crime. In assessing this offence, there is specific reference to the Drugs Misuse Regulation 1987, which identifies and categorises illicit substances.

Schedule 1 Dangerous Drugs

  • Amphetamine
  • Cocaine
  • Heroin
  • Lysergide
  • Methylamphetamine

Schedule 2 Dangerous Drugs

  • Alprazolam
  • Cannabis
  • Diazepam
  • Gamma hydroxybutyric acid (GHB)
  • Ketamine

The Regulation also covers the maximum penalties depending on the quantity for these illicit substances. A Schedule 3 quantity will be 2.0g for illicit substances such as amphetamine, cocaine, heroin, methyl amphetamine. However, it is 0.004g for lysergide and 500g for cannabis, or if the dangerous drug consists of plants, the aggravate wight of which is less than 500g, 100 plants.

  • If the dangerous drug is specified in Schedule 1 and is equal to or exceeds the quantity specified in Schedule 4, the maximum penalty is 25 years imprisonment.
  • If the dangerous drug is specified in Schedule 1 and is equal to or exceeds the quantity specified in Schedule 3, but is less than the quantity in Schedule 4, the maximum penalty is 20 years imprisonment if the person was a drug dependent person. Otherwise, the maximum penalty is 25 years imprisonment.
  • If the dangerous drug is specified in Schedule 2 and is equal to or exceeds the quantity specified in Schedule 3, the maximum penalty is 20 years imprisonment.
  • In any other case where the dangerous drug is specified in Schedules 1 or 2, the maximum penalty is 15 years imprisonment.

The information provided on this page is an overview to understanding an offence concerning possession of dangerous drugs. If you have been charged with such an offence, we recommend contacting a criminal lawyer to ensure that you are receiving the most up to date advice in accordance with the law at the time you were charged.

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