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Drug Charges

Drug Possession & Use

A possession charge is often the moment to protect your record, before a conviction follows you.

Drug possession is a common Local Court charge, and for many people the real concern is not the fine but the conviction, the effect on work, travel and character. NSW law gives the court a discretion to deal with appropriate matters without recording a conviction.

City Group Legal defends drug-possession charges across Sydney, working to protect your record where the facts allow, and testing the charge where possession or the search is in issue.

What's at stake. Possession of a prohibited drug carries a maximum of 2 years imprisonment and/or a fine, but a large proportion of matters resolve without a conviction. The Cannabis Cautioning Scheme and drug diversion may also apply.

How we defend drug possession & use

We examine the lawfulness of the search, whether possession is truly made out, and whether a non-conviction (section 10 / conditional release order) or a diversion program is available. For many first matters, protecting your record is the whole objective, and it is achievable with the right preparation.

Frequently asked

Will a drug possession charge give me a criminal record?

Not necessarily. Courts frequently deal with possession matters without recording a conviction (a section 10 / conditional release order), especially for first offences prepared properly. That is often the central goal.

The drugs weren't only mine, does that matter?

It can. Possession requires custody or control and knowledge. Where drugs were found in a shared space or car, whether you were truly in possession is often the key question.

It was only for personal use. Does that matter?

Yes. Possession for personal use is treated differently from supply, and the quantity involved is often what separates them. Where the amount is small and the circumstances support it, personal use may be the whole of the case.

Can I avoid a conviction for a first offence?

It is possible for a court to deal with a minor drug matter without recording a conviction, and in some cases diversion under the drug programs may be available. Neither is automatic, and both are more likely where the matter is properly prepared.

Every stone turned. Every avenue pursued.

Whether you’ve been charged, arrested, or are helping a family member, the earliest advice is the most valuable.