Drugs

Drug charges

In NSW, it is a criminal offence to:

• use illegal drugs
• possess illegal drugs
• supply 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.

Cannabis cautions

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 the health and legal consequences of using cannabis. It will also include contact numbers for the Alcohol and Drug Information Service (ADIS), which has a dedicated, confidential service to provide you with information about treatment, counselling and support services.

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.

Early Drug Diversion Initiative 

If you commit a low-level drug offence, the police might give you an on-the-spot fine instead of taking you to court. 

A low-level drug offence involves possessing a small quantity of illegal drugs for personal use. A small quantity may include up to: 

• one gram of cocaine 
• one gram of methylamphetamines (ice or speed) 
• one gram of heroin 
• 0.75 grams of MDMA in a tablet 
  
• 0.25 grams of MDMA in other forms. 

If you receive a fine for a low-level drug offence, you can: 

• pay the fine, or 
• speak to a health professional and complete a drug health intervention instead of paying the fine. 

You need to book an appointment with a health professional before the due date of the fine. You can do this: 

• online 
• by calling St Vincent’s Health Network on 1800 844 881 between 10am and 6pm, Monday to Friday. 

Speaking to a health professional is free and confidential.  

Once you have completed the drug health intervention, Revenue NSW will be notified to cancel your fine. 

If you pay the fine or complete the drug health intervention, the fine will not appear on your criminal record.

For more information about how to pay your fine, see Pay your fine. 

The police can only give you two fines for low-level drug offences. After this, they will have to charge you and take you to court. 

The police can’t give you a fine under the Early Drug Diversion Initiative for: 

• serious drug offences, including drug supply, importation, or manufacture – if you have prior convictions for serious drug offences you also can’t get a fine 
• drug driving offences 
• offences related to cannabis – the Cannabis Cautioning Scheme applies to these offences 
• possessing more than one type of drug (excluding cannabis) 
• possessing more than a small quantity of drugs. 

For more information, see Early Drug Diversion Initiative on the NSW Government website. 

Dealing with my drug fine

Sometimes police might give you a 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.

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.

Intervention programs for 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.

Defending a drug charge 

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 information 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.

Deemed supply 

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 information 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.