If you are convicted of a drug offence, the penalty you receive will largely depend on the quantity of the drug you had in possession or were supplying.
If you have been charged with a drug offence, it is important that you seek legal representation. We have a team of experienced defence lawyers who can help you. Contact us on (02) 9521 2222. You can also send your enquiry online now and we will call you shortly.
The table below outlines how the law differentiates between the quantities.
|
Drug
|
Small Quantity
|
|
Indictable Quantity
|
Commercial Quantity
|
Large Commercial Quantity
|
|
|
Traffickable Quantity
|
|
|
|
|
|
|
|
|
|
|
Cannabis Plant
|
5
|
|
50
|
250
|
1000
|
|
|
Cannabis Plant - enhanced indoor
|
5
|
|
50
|
50
|
200
|
|
|
Cannabis Leaf
|
30 g
|
300 g
|
1 kg
|
25 kg
|
100 kg
|
|
|
Cannabis Resin
|
5 g
|
30 g
|
90 g
|
2.5 kg
|
10 kg
|
|
|
Cannabis Oil
|
2 g
|
5 g
|
10 g
|
500 g
|
2 kg
|
|
|
Cocaine
|
1 g
|
3 g
|
5 g
|
250 g
|
1 kg
|
|
|
Heroin
|
1 g
|
3 g
|
5 g
|
250 g
|
1 kg
|
|
|
Amphetamine
|
1 g
|
3 g
|
5 g
|
250 g
|
1 kg
|
|
|
Ecstasy
|
0.25 g
|
0.75 g
|
1.25 g
|
125 g
|
0.5 kg
|
|
Small Quantity
If under this amount, can be dealt with summarily without consent of accused.
Maximum penalty: 2 years, $5500.
If the drug is cannabis (ie, cannabis leaf, which is what most people with possession of cannabis are charged with) and the amount is not more than 15 grammes, a police officer has the discretion of issuing a ‘cannabis caution’ to the person, in certain circumstances, rather than charging them with possession.
Our criminal lawyers have been successful in having cannabis possession charges withdrawn from the courts and our clients issued with cannabis cautions instead.
Traffickable Quantity
As outlined above, if there is more than the traffickable quantity, the deeming provision applies. The maximum penalty in the Local Court is $11,000 and/or 2 years imprisonment.
Indictable Quantity but less than the Commercial Quantity
If the matter is dealt with in the Local Court the maximum penalty is $11,000 and/or 2 years imprisonment.
If the matter is dealt with in the District Court and the drug is not cannabis plant or leaf, the maximum penalty is $220,000 and/or 15 years imprisonment. If the drug is cannabis plant or leaf, the maximum penalty is $220,000 and/or 10 years imprisonment.
More than Commercial Quantity
If the drug is cannabis plant or leaf the maximum penalty is $385 000 and/or 15 years imprisonment.
If the drug is not cannabis plant or leaf, the maximum penalty is $385 000 and/or 20 years imprisonment.
More than Large Commercial Quantity
If the drug is cannabis plant or leaf the maximum penalty is $550 000 and/or 20 years imprisonment.
If the drug is not cannabis plant or leaf, the maximum penalty is $550 000 and/or life imprisonment.
Supply to persons less than 16 years of age
In all of the above categories, if the person being supplied to is less than 16 years of age, then the penalties are increased.
If you have been charged with a drug offence, it is important that you seek legal representation. There are severe penalties which can be imposed. It may be possible to defend the charge against you or have it downgraded to a lesser charge. Our experienced defence lawyers can help you through the entire process, from the interview and search stage right up until the Court hearing