Prohibited drug offences are a common reason why many people find themselves before the courts. Drug charges carry significant fines and lengthy gaol sentences. Whether it be a drug possession charge or drug supply charge. NSW Courts take these offences very seriously.
In recent years there has also been an increase in the methods and ways in which police and other law enforcement agencies detect and investigate drug possession and drug supply offences. This includes things like using drug detection dogs, undercover operations and surveillance devices. As a result, the detection and prosecution of prohibited drug offences has seen an increase in recent years.
In NSW the Drug Misuse and Trafficking Act 1985 creates offences and penalties for offences relating to prohibited drugs. The penalties for drug charges depend on the type of offence as well as the quantity of prohibited drugs . Below are some of the different types of offences and their penalties:
The quantity of a prohibited drug affects the applicable charges and penalties. Weight amounts for illicit drugs fall into five different categories
|Drug Type||Small quantity||Trafficable quantity||Indictable quantity||Commercial quantity||Large Commercial quantity|
|Amphetamine||1 gram||3 grams||5 grams||250 grams||500 grams|
|Cannabis leaf||30 grams||300 grams||1kg||25kg||100kg|
|Cannabis plant||N/A||5 plants||50 plants||250 plants/50 plants (if cultivated by enhanced indoor means)||200 plants/1000 plants (if cultivated by enhanced indoor means)|
|Cocaine||1 gram||3 grams||5 grams||250 grams||1 kg|
|Ketamine||2.5 grams||7.5 grams||12.5 grams||1.25 kg||5 kg|
|LSD||0.0008 gram||0.003 gram||0.005 gram||0.0005 kg||0.002 kg|
|MDMA||0.25 gram||0.75 gram||1.25 gram||125 grams||500 grams|
|Methylamphetamine||1 gram||3 grams||5 grams||250 grams||500 grams|
Convictions for drug charges can be devastating. It can affect and limit your employment prospects and can even prevent you from travelling to some countries. Therefore, attending court for any drug offence, requires proper and experienced legal representation.
The most common drug charge is “possession of a prohibited drug”. In most cases police will hand you a yellow slip called a ‘Field court attendance notice’. This sets out the date and location of the court you need to attend. They may also give you a ‘written notice of pleading’.
If you find yourself in this position it is important to seek advice from a specialist criminal lawyer immediately. Marsh Blom Lawyers offer a free consultation where we can explain the penalties, procedure, and what we can do to ensure you get the best result at court.
Parramatta 74/48-50 George St Parramatta NSW 2151
Southern Highlands Lvl 2, Suite 14, 9 Clarence Street, Moss Vale NSW 2575
Copyright © 2018 Marsh Blom Lawyers Pty Ltd All Rights Reserved