Our Sydney Criminal Lawyers have undertaken countless drug related offences, and have expert knowledge and experience with these types of criminal offences. Our criminal lawyers in Sydney have been involved in lengthy District Court trials in the successful defence of our clients. LY Lawyers, Criminal Lawyers in Sydney, understand the complexity of NSW and Commonwealth drug laws.
The Drugs Misuse and Trafficking Act NSW (1985) is another common piece of legislation that deals with drug related offences. Here is some information on some of the offences in the Act:
Possess Prohibited Drug
s.10 of the Act states
- A person who has a prohibited drug in his or her possession is guilty of an offence.
- Nothing in this section renders unlawful the possession of a prohibited drug by:
- a person licensed or authorised to have possession of the prohibited drug under the Poisons and Therapeutic Goods Act 1966 ,
- a person acting in accordance with an authority granted by the Secretary of the Department of Health where the Secretary is satisfied that the possession of the prohibited drug is for the purpose of scientific research, instruction, analysis or study,
- a person acting in accordance with a direction given by the Commissioner of Police under section 39RA,
- a person for or to whom the prohibited drug has been lawfully prescribed or supplied, or
- a person who:
- has the care of, or is assisting in the care of, another person for or to whom the prohibited drug has been lawfully prescribed or supplied, and
- has the prohibited drug in his or her possession for the sole purpose of administering, or assisting in the self-administration of, the prohibited drug to the other person in accordance with the prescription or supply.
Supply Prohibited Drug
The definition of ‘supplying’ can be a complex one. s. 25 of the Act defines ‘supply’, however if you are charged with Supplying a Prohibited Drug, we suggest you contact our office to discuss the matter in detail.
Supply Prohibited Drug on Ongoing Basis
You can be charged for supplying drugs on an ongoing basis if you have been caught supplying prohibited drugs on 3 or more occasions within a 30 day period.
Supply Prohibited Drug (Deemed Supply)
If you have in possession more than the traffic-able quantity of the drugs, you may be charged with supplying that drug. We have won many cases for our clients charged with these offences, successfully arguing that the drugs were for our clients own personal use.
Supply Prohibited Drug (Indictable Quantity, Commercial and Large Commercial Quantity)
These offences are of the most serious kind of drug related offences in NSW. Lengthy custodial sentences usually apply.
Cultivation of Prohibited Plants
Recent increases in the abundance of cultivation of prohibited plants (for example marijuana) have led to changes in the law, including consistently harsher penalties for those caught harvesting or cultivating prohibited plants. Contrary to many people’s beliefs, these offences now carry harsh penalties including lengthy custodial sentences. Our lawyers are highly experienced in dealing with these types of matters.
