If you are a first-time offender and have been arrested for possessing drugs you could be given a criminal record and a fine.
If you are a first-time offender and have been arrested for possessing drugs, you could end up with a criminal record.
Some Magistrates are deciding to hand out criminal convictions rather that a Community Release Order (“CRO”) without conviction (formally section 10) to make an example out of offenders committing multiple drug possession crimes. A CRO allows a Court to discharge an offender without recording a criminal conviction, even if you are found guilty after a defended hearing.
“The magistrate went on about his own personal experience, seeing too many people dying from drug use, and he’s

The Drug Misuse and Trafficking Act 1985 prohibits the manufacture, supply, possession and use of drugs. Which means that even if Police officers see you taking a prohibited drug, you are breaking the law.
Offence charges will depend on the weight of the drug seized. The offence of ‘prohibited plant or prohibited drug’ carries a penalty of a maximum fine of $2,200 and/or imprisonment for 2 years.
PROHIBITED PLANT OR PROHIBITED DRUG |
SMALL QUANTITY |
TRAFFICKABLE QUANTITY |
INDICTABLE QUANTITY |
COMMERCIAL QUANTITY |
LARGE COMMERCIAL QUANTITY |
Cannabis Leaf | 30g | 300g | 1kg | 25kg | 100kg |
Cannabis Oil | 2g | 5g | 10g | 500g | 2kg |
Cannabis Resin | 5g | 30g | 90g | 2.5kg | 10kg |
Cocaine | 1g | 3g | 5g | 250g | 1kg |
Heroin | 1g | 3g | 5g | 250g | 1kg |
Ecstacy / MDMA | 0.25g | 0.75g | 1.25g | 125g | 500g |
Ice / Speed | 1g | 3g | 5g | 250g | 500g |