In New South Wales, drug offences are prosecuted under two separate regimes. State offences, including use, possession, supply and cultivation, fall under the Drug Misuse and Trafficking Act 1985 (NSW). Importation and exportation are Commonwealth offences under the Criminal Code Act 1995 (Cth), prosecuted by the Commonwealth Director of Public Prosecutions.

The charge you face depends on what you are alleged to have done with the drug, the type of drug involved and, above all, the quantity. NSW legislation sets small, trafficable, indictable, commercial and large commercial thresholds for every prohibited drug, and those thresholds largely determine whether your matter stays in the Local Court or proceeds to the District Court.

Outcomes range from a non-conviction order or a diversionary fine for a first-time use or possession charge, through to life imprisonment for large commercial quantity supply or a commercial quantity importation. Diversion programs exist at the lower end, but eligibility is narrow and frequently overlooked at the charging stage.

Whether your matter is a summary offence in the Local Court or a strictly indictable Commonwealth prosecution, The Australian Legal Practice can advise you of your options and defend your rights from the earliest stage.