Drug Offence Lawyers Sydney & NSW | ADADA Legal

Drug offences can carry serious consequences, including:

• Criminal convictions
  

• Heavy fines
  

• Non-conviction orders
  

• Community Correction Orders
  

• Intensive Correction Orders
  

• Imprisonment
  

Our criminal defence team regularly appears in the Local Court of NSW, District Court and Supreme Court, defending matters ranging from minor drug possession to large-scale trafficking, supply, importation and manufacturing prosecutions.

If you have been charged with a drug offence in Sydney or anywhere in NSW, early legal advice is critical.

What Are Drug Offences in NSW?

Drug offences in NSW are primarily governed by the Drug Misuse and Trafficking Act 1985 and, for Commonwealth matters, the Criminal Code Act 1995.

These laws regulate prohibited drugs and border controlled substances and create a wide range of offences.

Common Drug Charges We Defend

1. Drug Possession Charges (NSW)

Possession involves having custody or control of a prohibited drug.

To prove possession, the prosecution must establish:

• You had knowledge of the substance
  

• You had custody or control over it
  

• The substance was a prohibited drug
  

Even small amounts can lead to a criminal charge.

Maximum penalty (Local Court):Up to 2 years imprisonment and/or a fine.

2. Drug Supply & Deemed Supply (NSW)

Supply includes:

• Selling
  

• Distributing
  

• Sharing
  

• Offering to supply
  

• Agreeing to supply
  

Importantly, “deemed supply” applies when a person possesses more than a prescribed quantity. In these cases, the law presumes intent to supply unless rebutted.

Penalties vary based on:

• Small quantity
  

• Indictable quantity
  

• Commercial quantity
  

• Large commercial quantity
  

For large commercial quantities, penalties can include life imprisonment.

3. Drug Trafficking & Large-Scale Supply

Trafficking matters are typically heard in the District Court and may involve:

• Phone intercept evidence
  

• Surveillance
  

• Financial analysis
  

• Co-accused prosecutions
  

These cases require experienced strategic defence planning.

4. Drug Importation (Commonwealth Offences)

Drug importation offences fall under federal law, particularly the Criminal Code Act 1995.

Importing border controlled drugs into Australia carries extremely serious penalties.

The prosecution must prove:

• The substance was a border controlled drug
  

• You intentionally imported it
  

• You knew or were reckless as to its nature
  

Maximum penalties for commercial quantities can include life imprisonment.

5. Drug Manufacture & Cultivation

Manufacturing includes:

• Producing prohibited drugs
  

• Participating in production
  

• Possessing precursor chemicals
  

Cultivation includes:

• Growing cannabis plants
  

• Participating in commercial grow houses
  

Large commercial cultivation offences carry severe penalties.

Penalties for Drug Offences in NSW

Penalties depend on:

• Type of drug
  

• Quantity
  

• Criminal history
  

• Court jurisdiction
  

• Aggravating or mitigating factors
  

Possible sentencing outcomes include:

• Section 10 non-conviction orders
  

• Conditional Release Orders
  

• Community Correction Orders (CCO)
  

• Intensive Correction Orders (ICO)
  

• Full-time imprisonment
  

In some cases, courts may consider rehabilitation, early guilty pleas and demonstrated remorse when determining sentence.

Drug Offences in the Local Court vs Higher Courts

Local Court Drug Matters

Most possession and small quantity supply charges are dealt with in the Local Court of NSW.

This is where strong advocacy can make the difference between:

• A conviction
  

• A non-conviction outcome
  

• A reduced penalty
  

District Court Drug Matters

Indictable supply, trafficking and serious commercial matters are heard in the District Court. These cases involve:

• Committal hearings
  

• Brief of evidence analysis
  

• Negotiations with the Director of Public Prosecutions
  

• Possible jury trials
  

Defences to Drug Charges

Every drug matter turns on its facts. Possible defences may include:

• Lack of knowledge
  

• No possession or control
  

• Illegal search and seizure
  

• Break in chain of custody
  

• Disputing weight or classification
  

• Challenging intent to supply
  

• Duress
  

The prosecution must prove every element of the offence beyond reasonable doubt. This is a high legal threshold.

Why Choose ADADA Legal as Your Sydney Drug Lawyers?

• Experienced NSW Criminal Defence Lawyers
  

• Strategic early case assessment
  

• Strong negotiation with police and prosecutors
  

• Experience in both State and Commonwealth matters
  

• Representation in Local Court and higher courts
  

• Focused on minimising convictions and imprisonment
  

We understand the stress and uncertainty that comes with being charged with a drug offence. Our priority is to protect your rights, minimise legal consequences and achieve the best possible outcome.

Charged With a Drug Offence in Sydney or NSW?

If you are searching for:

• Sydney Drug Lawyer
  

• Drug Possession Lawyer NSW
  

• Drug Supply Lawyer Sydney
  

• Drug Trafficking Lawyer NSW
  

• Import Drug Charges Lawyer Australia
  

ADADA Legal can assist.

Contact our criminal defence team today for confidential advice and immediate representation.

Drug Offences Frequently Asked Questions

What should I do if I’m charged with a drug offence?

Contact a specialist criminal drug lawyer immediately. You should not speak to police without legal advice, as anything you say may be used against you later.

Can minor drug possession be dealt with without a conviction?

In some cases, if the amount is small and other criteria are met, police may issue an on-the-spot penalty notice instead of charging you, or a court may grant a non-conviction order. 

What is “deemed supply”?

If you are found in possession of more than a set “trafficable” quantity of a substance, you may be charged with supply even if there’s no direct evidence you distributed it. 

What penalties apply for supplying drugs?

Penalties depend on drug type and quantity. For small quantities, penalties may involve fines and shorter sentences; for commercial quantities, penalties can include many years’ imprisonment. 

Can someone else hold drugs for me and avoid a supply charge?

In certain circumstances, legal defences such as holding drugs for another person (sometimes called a “Carey defence”) may reduce supply charges to possession. 

Are there defences to drug offence charges?

Available defences can include lack of knowledge, duress, necessity, illegal search by police, or proving that the drugs were for personal use rather than supply.

If you require urgent legal assistance or have been charged with a drug offence, ADADA Legal is here to help. Contact us for a confidential consultation.