Charges
Possess prohibited drug
Drug Misuse and Trafficking Act 1985 (NSW) s 10(1)
What is the maximum penalty for possess prohibited drug in NSW?
Maximum penalty. 20 penalty units and/or 2 years imprisonment (the penalty for Part 2 Division 1 offences is fixed by s 21: a fine of 20 penalty units or imprisonment for 2 years, or both)
A maximum is the ceiling the law sets for the worst category of case. It is not what a court is likely to impose, and it is not a prediction about any particular matter.
What the charge covers
This charge applies where a person has a prohibited drug in their possession, meaning they had custody or control of it and knew it was there. It covers personal-use quantities of substances listed in Schedule 1 of the Act, such as cannabis, cocaine, MDMA or methamphetamine. The prosecution must prove the person knew of the drug's presence and had exclusive control over it.
How it is dealt with
Summary offence, dealt with in the Local Court (s 21 Drug Misuse and Trafficking Act 1985)
Where these figures come from
Every figure on this page was taken from the legislation or the Judicial Commission of New South Wales, not from secondary summaries:
Legislation changes. Figures are general as at publication; confirm the current position with a lawyer.
This page is general information about NSW law, not legal advice about your matter. Whether a charge can be defended, and what a court is likely to do, depends on the evidence and the circumstances.
Related charges
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