Police officers and sniffer dogs are common sights at music festivals, concerts and major events across NSW. These operations aim to improve safety and detect offences, including drug-related offences.
Large events such as Mardi Gras and major music festivals often involve a significant police presence. As a result, some attendees face drug possession charges.
If police charge you with possessing a prohibited drug, you should seek advice from experienced criminal lawyers as soon as possible.
Quick guide: Drug possession charges NSW
| Question | Answer |
|---|---|
| What happens after a drug possession charge? | You will usually receive a Court Attendance Notice and Police Fact Sheet outlining the alleged offence. |
| What must police prove? | Police must prove that you possessed the prohibited drug and knew about the drug’s presence. |
| What are the penalties? | Penalties depend on the type and quantity of drug, your history and the circumstances of the offence. |
| Can I avoid a criminal conviction? | In some cases, the Court may deal with the matter without recording a conviction. |
What happens after you are charged with drug possession?
If police charge you with an offence, they will usually issue a Court Attendance Notice (CAN) and Police Fact Sheet.
The CAN explains when and where you must attend Court. The Police Fact Sheet outlines the alleged offence and provides the police version of events.
Courts treat drug possession offences seriously. Even a minor offence can result in a criminal conviction.
A conviction may affect your employment, education opportunities, travel plans and future career options. Obtaining legal advice early can help you understand your options and prepare your case.
What does possession of a prohibited drug mean in NSW?
Most drug offences in NSW fall under the Drug Misuse and Trafficking Act 1985 (NSW).
The Act covers offences involving prohibited drugs, including possession, use and supply.
You can view the legislation through the NSW legislation website.
The Poisons and Therapeutic Goods Act 1966 (NSW) also regulates certain substances, including some synthetic drugs and controlled substances.
For police to prove drug possession, they must establish two key elements:
| Requirement | What police must prove |
|---|---|
| Control or custody | You had custody or control of the prohibited drug. |
| Knowledge | You knew the drug existed and knew you had control over it. |
Police must prove every element of the offence beyond reasonable doubt before a Court can convict you.
Can you be charged if drugs are found in your bag or clothing?
If police find drugs in your clothing, bag or personal belongings, it may be difficult to argue that you did not possess them.
However, every case depends on the individual circumstances.
For example, a person may argue they did not know about drugs placed inside their belongings without their permission.
The outcome of a matter depends on the evidence available and the specific facts of the case. Legal advice can help you understand possible defences and options.
What are the penalties for drug possession in NSW?
The penalty for drug possession depends on several factors, including:
- the type of prohibited drug;
- the quantity involved;
- your criminal history; and
- the circumstances surrounding the offence.
Generally, larger quantities attract more serious charges and harsher penalties.
| Offence type | Potential outcome |
|---|---|
| Minor possession offence | May be dealt with in the Local Court and could result in a range of penalties. |
| More serious possession offence | Larger quantities may result in proceedings in a higher court and more significant penalties. |
| Eligible minor offences | The Court may consider options that avoid a recorded conviction in appropriate circumstances. |
For a basic possession offence under the Drug Misuse and Trafficking Act 1985 (NSW), the maximum penalty is 20 penalty units and/or two years imprisonment.
Can a drug possession charge be dismissed without a conviction?
In some cases, a lawyer may ask the Court to deal with an offence under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW).
If the Court grants this application, it may find the offence proven but avoid recording a conviction.
The Court may consider factors such as:
- your age;
- your character;
- your health;
- your mental state;
- the circumstances surrounding the offence; and
- the seriousness of the conduct.
You can read more about sentencing options under NSW law through the Crimes (Sentencing Procedure) Act 1999 (NSW).
What happens with more serious drug offences?
More serious drug offences may involve larger quantities of drugs or allegations of supply.
Large quantities may trigger “deemed supply” provisions under NSW drug laws. These matters can involve more serious penalties and may proceed in the District Court.
Can a drug conviction affect overseas travel?
A criminal conviction can affect your ability to travel overseas.
The impact depends on:
- the country you want to visit;
- the type of conviction;
- the number of convictions; and
- when the offence occurred.
Each country has different visa and entry requirements. For example, countries such as the United States and Canada apply strict rules when assessing applicants with criminal records.
If you plan to travel after receiving a conviction, check the requirements for your destination before making arrangements.
Can a drug conviction affect your job?
A criminal conviction can affect employment opportunities and career plans.
Some industries require employees to meet strict background requirements. Certain professions may restrict people with specific criminal convictions from working in those roles.
Frequently asked questions about drug possession charges NSW
Do police need to prove I knew about the drugs?
Yes. Police must prove that you knew about the drug and had custody or control of it.
Will I get a criminal record for drug possession?
Not always. The outcome depends on the circumstances, your history and how the Court deals with the matter.
Should I plead guilty to a drug possession charge?
You should obtain legal advice before entering a plea. A lawyer can review the evidence and explain your options.
Need advice about a drug possession charge?
A drug possession charge can have serious consequences for your future. Obtaining legal advice early can help protect your rights and ensure you understand your options.
This information is general only and does not replace legal advice about your circumstances.
If you or someone you know needs assistance, contact us on (02) 9818 2888 or email [email protected].