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