Drugs

In NSW, it is a criminal offence to:

• use illegal drugs
  
• possess illegal drugs
  
• suply someone else with illegal drugs
  
• grow or make illegal drugs
  
• import illegal drugs.
  

If you break the law, you might get a cannabis caution, a fine or have to go to court.

Instead of charging you with an offence, or giving you a fine, police could choose to give you a caution (warning) for minor cannabis offences. 

A caution will tell you health and legal consequences of using cannabis and includes contact numbers for Alcohol and Drug Information Service (ADIS).

Police can only give you up to two cannabis cautions, and you can’t get a caution if you have been convicted of:

• drug offences
  
• violent offences
  
• sexual assault.
  

Sometimes police might give you an infringement (fine) instead of taking you to court if they catch you with drugs in your possession. You could choose to take the offence to court, but this is not always a good idea. If you are found guilty, you could face a higher penalty than if you had just paid the fine, including:

• a higher fine 
  
• a criminal record 
  
• court costs and 
  
• prison time.
  

For more information on dealing with a fine, see Fines.

If you have received a fine for possessing drugs, you should get legal advice.

Going to court for a drug charge 
At court you will need to tell the court if you are pleading guilty or not guilty. You might have other options too, including: 

• negotiating the charges or the facts with the police, or
  
• making a Section 14 application (a mental health application).
  

If you plead ‘not guilty’, the police will need to provide you with all the evidence they have against you before the court decides your case. More serious charges will be dealt with by the District Court.

For more information on going to court for a drug charge, see Going to court.

Magistrates Referral Into Treatment (MERIT) program

If you have a history of drug use, you may be able to do a 12 week program called the Magistrates Early Referral into Treatment (MERIT) program. The program may help you address any underlying drug issues, and get a better result in court.

You may be referred to the program by a magistrate, solicitor or the police.  If you want to participate in the program and the magistrate has not mentioned it, you can tell the magistrate that you would like to be considered for the program. You can participate in the MERIT program before you enter a plea of guilty or not guilty. Your case may be adjourned until you have completed the program.

The MERIT program includes things like:

• counselling
  
• rehabilitation
  
• case management.

Drug Offenders Program

The Drug Offenders Program is a six-hour online course that you can complete if you are going to court for a drug-related offence or an offence related to a drug addiction.

The Drug Offenders Program is voluntary. If you complete the program, the Court can take this into account when deciding what penalty to give you.

The program covers:

• basic information about your rights when dealing with police and at Court
• your obligations in the court process
• health and wellbeing
• mental heath and drug and alcohol use
• treatment and recovery
• introduction to social services and support options
• potential outcomes from the criminal justice system.

Many people get charged with a drug offence because they have been searched by police. If police acted outside their powers and a search was illegal, you can ask the court to exclude that evidence. If the court agrees to exclude the evidence, police might not be able to prove the charge against you.

For more inforamtion about police powers, including searches, see Police and my rights.

If you have been charged with a drug-related offence, you should get legal advice before you enter a plea. A lawyer can look at the circumstances in your case and advise you on your options.

Many people get charged with a drug offence because they have been searched by police. If police acted outside their powers and a search was illegal, you can ask the court to exclude that evidence. If the court agrees to exclude the evidence, police might not be able to prove the charge against you.

For more inforamtion about police powers, including searches, see Police and my rights. 

If you have been charged with a drug-related offence, you should get legal advice before you enter a plea. A lawyer can look at the circumstances in your case and advise you on your options.