Drug Offences

Possession, Supply, Cultivation & Importation

Facing a drug charge can affect your job, travel, and freedom. At Your Defence Advocates (YDA) we act fast: we protect your rights, analyse the police brief, and push for the best result—defend, downgrade, or resolve on the most lenient terms available.

What counts as a “drug offence” in NSW?

NSW law (the Drug Misuse and Trafficking Act 1985 (DMTA)) makes it an offence to possess, supply, manufacture/produce, or cultivate prohibited drugs/plants. Commonwealth law covers importation. Penalties depend on the type and quantity of drug and your role.

Drug Offences We Handle

Possession of Prohibited Drugs
Supply (or take part in supply) of Prohibited Drugs
Deemed Supply
Cultivation of Prohibited Plants
Importation

Why choose YDA

Focused, fast, forensic. We pressure-test the police case, challenge unlawful searches, rebut weak inferences, and negotiate hard—while preparing to win in court if needed. Our goal is simple: protect your record and your future.

Tell us what happened. We’ll explain your options and map a clear next step—today.

Book a Free Initial Consultation with Our Drug Offence Lawyers

When to Reach Out to a Criminal Defence Lawyer

Get tailored advice before you plead or interview. Early strategy affects bail, what goes into the police brief, and whether to negotiate or fight. We’re available for free initial consultations.

Possession of prohibited drugs

Police must prove a prohibited drug was in your custody or control, and that you knew about it. This is often contested in shared cars/houses where “exclusive possession” can be unclear. Penalties depend on how the matter is dealt with (Local Court vs District Court).

What police must prove

The item was a prohibited drug.
It was in your custody or control (on you, in your bag/room/vehicle, or otherwise under your control).
You knew about it (or were aware there was a real chance it was there).

Penalties (at a glance)

Often finalised in the Local Court; sentencing powers up to 2 years per offence (maxima may differ for some drugs). Diversion or non-conviction outcomes can be possible in suitable cases.

Evidence police rely on

Location of the item, admissions, phone messages, fingerprints/DNA, CCTV/body-worn video, and witness accounts.

Common defences

No possession / no knowledge (shared premises, borrowed bag/car).
Illegal search (seek to exclude unlawfully obtained evidence).
Not a prohibited drug / contamination or continuity issues.
Mental health applications where appropriate.

Supply (or take part in supply) of Prohibited Drugs

“Supply” is broad—it includes selling, offering/agreeing to supply, keeping for supply, sending/receiving for supply. Max penalties scale with quantity and circumstances (e.g., supplying to a minor).

What police must prove

A prohibited drug.
Supply (or that you took part in supply).
Knowledge (you knew, or were aware of a real chance, that the substance was a prohibited drug and that supply was occurring).

Penalties (at a glance)

Penalties scale with quantity category (small/traffickable/indictable/commercial/large commercial), drug type and role. More serious quantities usually proceed to the District Court with heavy maxima.

Evidence police rely on

Phone downloads (texts, calls, social DMs), surveillance, cash and packaging, scales/clip-seal bags, “tick lists”, bank trails, and admissions.

Common defences

Not for supply (personal use; see deemed supply below).
No participation (mere presence vs. taking part).
Illegal search / defective warrants (exclude evidence).
Identification/factual dispute.

Deemed Supply

If you possess at least the traffickable quantity, the law can presume it’s for supply unless you prove another purpose (e.g., personal use). The admixture (total weight, not purity) is what counts.

What police must prove (to trigger the presumption)

Possession of the drug (custody/control + knowledge).
Quantity at or above the traffickable threshold (measured by admixture—total weight, not purity).

Penalties (at a glance)

As with supply: seriousness depends on quantity and role. Successful rebuttal can return the case to possession.

Evidence police rely on

Weights, multiple deal packets, cash/“tick lists”, messages arranging supply, scales, and forensic results.

Common defences

Personal use (treatment records, usage patterns, absence of dealing indicators).
Illegal search / continuity problems.
Not in possession / no knowledge.

Cultivation of Prohibited Plants

Covers cultivating/possessing/supplying prohibited plants (e.g., cannabis). Penalties turn on plant numbers and whether it’s enhanced indoor or commercial. Serious quantities attract heavy maximums.

What the offence means

Cultivating, possessing or supplying prohibited plants (commonly cannabis). “Cultivate” includes planting, transplanting, tending, watering, feeding, or allowing to grow. Enhanced indoor setups (lights/ventilation/hydroponics) are treated more seriously.

What police must prove

A prohibited plant.
You cultivated it (or knowingly took part in cultivation).
Knowledge of the plant and your involvement

Penalties (at a glance)

Driven by plant numbers and whether cultivation is enhanced indoor, commercial or large commercial. Serious matters go to the District Court and attract significant terms.

Evidence police rely on

Plant counts, grow equipment (lights, timers, nutrients), power-usage records, leases, forensic botany, admissions, and digital comms.

Common defences

No knowledge / no control (e.g., property access by others).
Not cultivation (mere presence not enough).
Illegal search / warrant defects.
Quantity disputes (seedlings vs mature plants; plant counts).

Importation

Importing/exporting border-controlled drugs or plants carries tiered maximums: 10 years (general), 25 years (marketable), life (commercial). “Import” includes bringing in and dealing with a substance in connection with its importation.

What the offence means

Bringing a border-controlled drug or plant into Australia or dealing with it in connection with importation. Quantities are split into general, marketable and commercial.

What must be proved

Importation (or dealing with the substance in connection with its importation).
The substance was a border-controlled drug/plant.
You intended to import the substance and knew (or were reckless to the fact) it was a border-controlled drug.

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Drug Offences

Possession, Supply, Cultivation & Importation

What counts as a “drug offence” in NSW?

Drug Offences We Handle

Why choose YDA

Book a Free Initial Consultation with Our Drug Offence Lawyers

When to Reach Out to a Criminal Defence Lawyer

Possession of prohibited drugs

What police must prove

Penalties (at a glance)

Evidence police rely on

Common defences

Supply (or take part in supply) of Prohibited Drugs

What police must prove

Penalties (at a glance)

Evidence police rely on

Common defences

Deemed Supply

What police must prove (to trigger the presumption)

Penalties (at a glance)

Evidence police rely on

Common defences

Cultivation of Prohibited Plants

What the offence means

What police must prove

Penalties (at a glance)

Evidence police rely on

Common defences

Importation

What the offence means

What must be proved