What penalty am I looking at?
Many drug offences come with severe penalties.
If you have recently been charged with a drug offence, it is a good idea to know what you are likely to be facing.
Penalties vary in severity, depending on whether you are found guilty of drug possession or supply.
Supplying drugs is treated much more harshly than possessing them for your own use.
Possession of Drugs
The maximum penalty for the possession of drugs is a two year prison sentence, and up to $2,200 in fines.
Supply of Drugs
If you are found with a ‘commercial’ quantity of drugs, or if police have evidence that you have been supplying drugs to others, they can charge you with supply.
The maximum penalty you will face for a drug supply charge depends largely on the type of drug, how much you have in your possession, and whether the case is dealt with in the district or local court.
This table states the quantities of each drug required for each offence:
| Drug Type | Small Quantity | Indictable Quantity | Commercial Quantity | Large Commercial Quantity |
| Ecstasy (MDMA) | 0.25grams | 1.25grams | 125grams | 500grams |
| Cocaine | 1gram | 5grams | 250grams | 1kg |
| Amphetamines | 1gram | 5grams | 250grams | 1kg |
| Heroin | 1gram | 5grams | 250grams | 1kg |
| Cannabis | 30 grams | 1kg | 25kg | 100kg |
Here are the penalties for drug supply offences:
Maximum penalties:
| Quantity Category | When Dealt with in Local Court |
When Dealt with In District Court |
| Not more than Small Quantity | 2 years prison and/or $5,500 fine |
15 years prison and/or $220,000 fine |
| More than Small Quantity but not more than Indictable Quantity |
2 years prison and/or $11,000 fine |
15 years prison and/or $220,000 fine |
| More than Indictable Quantity but not more than Commercial Quantity |
Not Applicable |
15 years prison and/or $220,000 fine |
| Not less than Commercial Quantity but not more than Large Commercial Quantity |
Not Applicable |
20 years prison and/or $385,000 fine |
| Not less than Large Commercial Quantity | Not Applicable |
Life imprisonment and/or $550,000 fine |
In many cases, Sydney Criminal Lawyers® will work to get your charge reduced from supply to possession which gives you a much better chance of avoiding harsh penalties or even escaping a criminal conviction altogether.
Hiring a good drug lawyer can make the difference between receiving the harshest penalty, and a more lenient sentence.