Drug offences

How we can help:

We are experienced in dealing with all types of drug offences. We can assist in assessing the case against you. We will provide you with expert legal advice and can determine if a charge should be downgraded or dismissed. Whether you proceed to trial or if you decide to plead guilty, we have vast experience with these matters and will place you in the best position possible to achieve an acquittal, receive a lower than usual non-parole period or indeed a suspended prison sentence.

It is important to be aware of exactly what type of drug offence you have been charged with and the seriousness of that offence. 

Contact us for advice.

Definition:

If the quantity of drugs that are alleged to be in your possession is above what is called the deeming provision then you are assumed, by law, to be trafficking those drugs. In those circumstances, you will have to argue against that assumption and establish through the evidence that you were not trafficking the drug.

In regards to cannabis plants, the charge depends on the number of plants; referred to as a prescribed number of plants.


There are a number of types of drug offences that can be prosecuted under the Controlled Substances Act but the some of the most common offences include:

  • Possession of prescribed equipment
  • Possession of a controlled drug or a prescription drug
  • Traffic in a controlled drug
  • Cultivation of cannabis/Cultivation of cannabis for sale
  • Manufacture a controlled drug/Manufacture a controlled drug for sale

Penalties:

Penalties range depending on the seriousness of the offence and increase when larger amounts of a controlled drug are involved. For example, for offences involving a large commercial quantity of a controlled drug the penalties can be a fine of $500,000 or life imprisonment.

A few of the general maximum penalties are listed below.

  • Possession of Prescribed equipment (basic offence) – fine of $10,000 and/or 2 years imprisonment
  • Possession of a controlled drug   - fine $2,000 and/or 2 years imprisonment 
  • Trafficking in a controlled drug (basic offence) – fine of $50,000 and/or 10 years imprisonment
  • Cultivation of Cannabis (more than prescribed amount) – fine $2,000 and/or 2 years imprisonment
  • Cultivation of Cannabis for sale (basic offence) - $200,000 and/or 25 years imprisonment
  • Manufacture a Controlled Drug  – fine of $35,000 and/or 7 years imprisonment
  • Manufacture a controlled Drug for Sale (basic offence) - fine of $50,000 and/or 10 years imprisonmen