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Drugs

When you're out having a good time you may be offered drugs, or you might see other people using or dealing drugs. You might even find drugs being used at your own party

Drug possession; use, manufacture, cultivation and supply are all very serious offences. NSW drug laws carry heavy penalties for drug offences, especially for those involving cultivation, manufacture or supply of drugs. Penalties often include prison sentences. Drug abuse can have serious negative effects on your health.

If you want to know more about the effects that drugs can have on your health click here:

If you want to know what the law says about drugs, read the information here.

Drug offences

In NSW it's against the law to:

• possess a prohibited drug or plant
• use a prohibited drug
• possess equipment for drug use
• manufacture a prohibited drug
• cultivate a prohibited plant
• supply a prohibited drug or plant

Prohibited drugs are illegal drugs, like ecstasy, cannabis, speed, cocaine and others that are listed in NSW law. Cannabis, opium and coca plants have been listed as prohibited - or illegal - plants. T

There are also a number of offences relating to ‘drug premises’. Drug premises are places that are used for the supply, manufacture or cultivation of prohibited drugs or plants.

You don't have to be solely responsible for committing a drug offence to be charged with that offence. You can be charged with an offence if you take part in committing the offence along with others, and you know what's going on.

Even if you don't commit any drug offences directly yourself, but you help or encourage or advise someone else to do it, or if you plan with others, or arrange for someone else to commit offences, you can be charged. If you're found guilty of doing any of these things, you can receive the same punishment as if you had actually committed the offence yourself.

There are very heavy penalties for drug offences, including prison terms. If you involve someone under the age of 16 in some drug offences, you can get an even heavier penalty.

Possession

Possession of a prohibited drug:

You can be charged with possession of a prohibited drug if:

• you have drugs on you
• you have drugs in your bag, car or house

Possession includes situations where you share access to or control over the drugs with others, where you have the drugs only momentarily, and where you're looking after the drugs for someone else.

Possession of equipment for drug use:

Even if you're not caught actually taking drugs, but you have equipment to be used for taking drugs (for example a bong or water pipe) you can be charged with an offence.

Penalties for possession If you're found guilty of these possession offences, you can be fined $2,200 and/or sent to prison for 2 years.

Drug use:

Self-administration of prohibited drugs

You can be charged with self-administration of an illegal drug if you eat, inject, inhale, or smoke a drug, or if you introduce a drug into any part of your body by any other means.

Administering drugs to others It's against the law to administer drugs to others, for example if you heat a drug for others to inhale the fumes, or you inject another person with a drug or you spike someone's drink.

If the person you've administered the drug to dies as a result of that drug, you can be charged with manslaughter - the penalty for this is up to 25 years imprisonment. It's also an offence let another person administer a drug to you.

Penalties for drug use:

If you're found guilty of these drug use offences, you can be fined $2,200 and/or sent to prison for 2 years. Supply It’s against the law to supply prohibited drugs. Supplying a drug means you:

• sell, distribute or give away illegal drugs,
• agree or offer to supply illegal drugs (even if you can't actually supply, or you have no
• real intention of supplying),
• mind illegal drugs for someone else to supply,
• deliver or receive illegal drugs for supply, or
• allow or tell someone else to supply illegal drugs,

If you do or attempt to do any of these things, you can be charged with supply of prohibited drugs.
Supplying prohibited drugs to someone who's under 16

If you're over 18 and you supply prohibited drugs (other than cannabis leaf) to someone who's under 16. A 19 year old who gets his 15 year old friend to help him hand out ecstasy tablets at a party could be charged with this offence.

If you knowingly take part in the supply of the “commercial” amount or more of a prohibited drug to someone under 16, you'll be charged with a more serious offence than supplying to someone older. This means you'll get a heavier penalty.

Getting someone who's under 16 to supply prohibited drugs Getting someone who's under 16 to supply drugs, or to take part in the supply of the “commercial” amount or more of a prohibited drug (if you're over 18) is a very serious offence, with extremely heavy penalties including large fines and prison terms (supply of cannabis leaf is not included in this offence).

Supplying prohibited drugs on an ongoing basis:

You can be charged with supplying prohibited drugs on an ongoing basis if you supply ;

• on 3 or more separate occasions within 30 days and
• for money or some other material reward (for example, in exchange for something).

If you're found guilty, you can be fined up to $385,000 and/or sent to prison for up to 20 years.

Traffickable amount - deemed supply If you're caught with a "traffickable" amount or more, of a drug in your possession, you can be charged with supply, even if there's no direct evidence of dealing. That is, because of the amount in your possession, it's assumed you have the drug for the purpose of dealing.

Traffickable quantities for some drugs are:

• Cannabis (leaf) - 300g LSD - 0.003g (15 tabs)
• Cocaine - 3g Speed - 3g Rohypnol - 0.6g
• Ketamine (K, Special K) - 7.5g
• Heroin - 3g
• Ecstasy (MDMA) 3,4-Methylenedioxyamphetamine - 0.75g

Misrepresenting something as a drug - deemed drug

You can be charged with supply even if you tell someone you're supplying them with a prohibited drug or a prohibited plant, but in fact the substance or the plant is flour, or over-the-counter headache tablets, or a tomato plant. In cases like these, police can charge you as if the substance or the plant was really a prohibited drug or plant.

What are the penalties for supplying illegal drugs?

There are heavy penalties for supplying prohibited drugs or plants. Generally, these penalties are based on the amount and type of drugs involved. For the least serious cases, involving only a ‘small’ quantity of prohibited drugs or plants, the maximum penalties will a fine of $5,500 and / or up to 2 years in prison, if the offence is dealt with in the Local Court.

If an offence involving a ‘small’ quantity of prohibited drugs or plants is dealt with in a higher court (like the District Court), the penalty could be a fine of $220,000 and imprisonment for 15 years.,

For the serious cases, involving ‘commercial’ quantities of prohibited drugs or plants the penalty is a fine of $385,000 and / or 20 years of imprisonment.
For the most serious of cases involving a ‘large commercial’ quantity of prohibited drugs, the penalty is a fine of $550,000 and/or life imprisonment.

Penalties for cannabis offences are not as high as penalties involving other drugs like heroin, cocaine or ecstasy. Penalties are increased where a person over the age of 18 supplies a person under the age of 16.

Manufacturing a prohibited drug:

It's against the law to manufacture a prohibited drug, or knowingly taking part in the manufacture of a prohibited drug. The penalties depend on the type and quantity of the drug. Where only a small quantity of drugs is involved, and the matter is dealt with in the Local Court, the maximum penalty will be a fine of $5,500 and/or 2 years in prison. In other more serious cases, the penalties range from $220,000 to $550,000. The penalties for cannabis are lower than the penalties for other drugs.

Cultivating, possessing, or supplying an illegal plant

It's against the law to possess, or to supply or knowingly take part in the supply of cannabis, opium or coca plants. It's also an offence to ‘cultivate’ or knowingly take part in the cultivation of these plants.

‘Cultivation’ includes planting, growing, watering and harvesting (or picking). So, for example, you can be charged with cultivation even if all you do is water a friend's cannabis plant. Penalties for cultivating, possessing or supplying an illegal plant

The penalties depend on the type and quantity of the plant. Cannabis plant offences have lower penalties. Where only a small quantity of drugs is involved, and the matter is dealt with in the Local Court, the maximum penalty will be a fine of $5,500 and/or 2 years in prison. In other more serious cases, the penalty ranges from $220,000 to $550,000 and/or imprisonment from 15 years to life. Penalties are increased where a person over the age of 18 supplies a person under the age of 16. Manufacturing drugs or cultivating a prohibited plant in the presence of someone under 16.

Exposing someone who's under 16 to the manufacture of drugs or to the hydroponic cultivation of a prohibited plant is an extremely serious offence. The usual penalties that apply to manufacture of drugs and cultivation of plants are increased because children are involved.
Drug premises ’Drug premises’ means any place that is used for:

• supplying or manufacturing prohibited drugs (other than cannabis).
• commercial indoor (hydroponic) cultivation of prohibited plants - this includes cultivating cannabis, where there are 5 -49 plants that are being grown indoors to be sold, or 50 or more indoor plants that are not intended to be sold.

Drug premises can include any structure, building, car, boat, or place (whether it's built upon or not), and any part of these.

You can be charged with an offence if you're found:

• on, entering, leaving or a drug premises, unless you're there for a lawful reason , or
• allowing property that you own or live in to be used as drugs premises when you know
• what's going on, or
• organising or helping with organising a drugs premises.

So for example - you're hosting a party at your place and you know that someone is giving out ecstasy tablets. You let it continue because you think it's got nothing to do with you - you didn't ask that person to bring drugs to the party, and you're not taking any drugs yourself. You can be charged with a drug premises offence. The maximum penalty for a first offence is $5,500 and/or 12 months in prison. For a repeat offence the maximum penalty is $550,000 and/or 5 years in prison. Police powers to search for drugs

If the police have a reasonable suspicion that you have prohibited drugs or plants in your possession, they can stop you and search you and your car . Police don't need a search warrant (court order giving them permission to search) to do this. Police can also search you if they've arrested you if they have reasonable suspicion to do so to find out if you are carrying anything that is proof that you have to committed an offence, or was used or will be used in committing an offence.
Police can use sniffer dogs to find drugs on anyone :

• where alcohol is being sold (other than restaurants)
• for example, clubs and pubs,
• in public places where a sporting event, concert, performance, dance party, parade or
• other entertainment is being held,
• on public transport routes - at bus stops, railway platforms, or light rail stops.

Police don't have to have a reasonable suspicion that you've got prohibited drugs or plants to use sniffer dogs. Sniffer dogs are used to do general random searches - they're used before any particular person is actually searched by a police officer.

Police can search private property with the permission of the owner or tenant, or with a search warrant. Police can get a search warrant if they have a reasonable belief that there is or there will soon be (within 72 hours) something on the property connected with a drug offence.

Police can also get a search warrant to search premises they reasonably believe are being used as drug premises.

How are drug offences involving children and young people dealt with?

The Children's Court Usually, if you're under 18 when you commit a drug offence, and under 21 when you're charged, you'll go to the Children's Court (unless the matter is dealt with under the Young Offenders Act - see below). You'll always go to the Children's Court for minor offences (like drug possession and use). More serious offences (for example, supply) may be dealt with by the District Court or the Supreme Court. However, these offences can also be dealt with by the Children's Court.

The most serious offences (like those involving supply of large amounts of drugs) will be dealt with by the District Court or the Supreme Court. The maximum penalty that can be applied in your case will depend on which court you go to. The Children's Court has special rules about the maximum penalty that can be given to people under 18. If the Children's Court finds you guilty of an offence, the court can give you the highest fine that an adult can get for that offence - but only if that fine is less than $1,100. If the adult fine is higher than $1,100, the court will not fine you any more than $1,100.

The Children's Court is also different to other courts when it comes to imprisonment. Even though an adult may be sent to prison for several years for committing an offence, the Children's Court can only send you to a Children's Detention Centre for a maximum of 2 years. Formal warning, caution, or youth justice conference (Young Offenders Act 1997) If you're aged between 10 - 18, and you've committed one of the less serious drug offences, the police may give you a formal warning, a caution, or make you attend a youth justice conference. The offences that can be dealt with in this way are drug use and drug possession and cultivation, which involve only a small amount of drugs or plants for personal use.

For example, possession of:

• up to 1 gram of cocaine, up to 1 gram of heroin, or
• up to 0.25 of a gram of ecstasy, or
• up to 1 gram of speed, or
• up to 15 grams of cannabis, or
• up to 30 grams in exceptional circumstances, or
• possession or cultivation of up to 5 cannabis plants in exceptional circumstances.

There are a few conditions that have to be met if you want to have a drug offence dealt with by warning, caution or youth justice conference. One of the conditions is that you have to admit to committing the offence. You're entitled to get legal advice before you decide to admit to an offence.
Drug supply and manufacture offences, and many cultivation offences can't be dealt with by a warning, caution or youth justice conference. For these offences you'll have to go to court.

For more on warnings, cautions, and youth justice conferences, go to WHAT HAPPENS IF I BREAK THE LAW?

Cannabis Cautioning Scheme

If you're over 18 and you've committed a minor cannabis possession or use offence, police may decide to deal with the matter by giving you a caution, through the Cannabis Cautioning Scheme (official police guidelines). To have a matter dealt with in this way, a number of conditions have to be met, including admitting to the offence.

Youth Drug and Alcohol Court

Young offenders (under the age of 18) appearing before the Children's Court can be referred to the Youth Drug and Alcohol Court if they have a serious drug or alcohol problem, are suitable for treatment and rehabilitation, and, agree to enter into a treatment program while on bail. An offender's participation and progress in the treatment program is taken into account at final sentencing.

The Magistrates Early Referral Into Treatment (MERIT) program

If you're an offender over the age of 18, who has a drug problem, a Local Court magistrate or the police can refer you to the MERIT program if you show potential for treatment and rehabilitation. You'll still have to go to court, but if you've successfully participated in the program, the court may give you a lighter punishment.