Drug Offences Involving Cannabis in New South Wales

Cannabis is a prohibited drug contained in Schedule 1 of the Drug Misuse and Trafficking Act 1985 (NSW). Common street terms for Cannabis include, or Marijuana, are Weed, Pot, Grass, Dope, Buds, Mary Jane, Joint, Doobie, Hooch, Yarhndi. The below offences are all applicable to an offence involving the prohibited drug Cannabis. 

Self-Administration of Cannabis

The offence of self-administration of prohibited drugs is contained in section 12 of the Drug Misuse and Trafficking Act 1985 (NSW). This offence carries a maximum penalty of 2 years imprisonment and/or a fine of $2,200.

To convict a person of using a prohibited drug, the police must prove each of the following matters beyond a reasonable doubt:

1. You administered; or
2. attempted to administer;
3. a prohibited drug;
4. to yourself.

For more information about this offence, please visit Self-Administration of a Prohibited Drugs.

Administration of Cannabis to others

The offence of Administration of Prohibited Drugs to Others is contained in section 13 of the Drug Misuse and Trafficking Act 1985 (NSW). This offence carries a maximum penalty of 2 years imprisonment and/or a fine of $2,200.

To convict you of this charge, the prosecution must prove each of the following matters beyond a reasonable doubt:

1. The substance is a prohibited drug; and
2. The accused administered the prohibited drug to another person; or
3. They attempted to administer the prohibited drug to another person

Possession of Cannabis

The offence of Possession of Prohibited Drug is contained in section 10 of the Drug Misuse and Trafficking Act 1985 (NSW), it is an offence to possess a prohibited drug, including Cannabis. This offence carries a maximum penalty of 2 years imprisonment and/or a fine of $2,200.

To convict you of this charge, the prosecution must prove each of the following matters beyond a reasonable doubt:

1. They had a prohibited drug in their possession, and
2. They knew it was in their possession, or knew of its likely existence and nature, or believed that it was a prohibited drug.

For more information about this offence, please visit Possession of Prohibited Drugs.

Supply Cannabis

The offence of Supply of Prohibited Drugs is contained in section 25 of the Drug Misuse and Trafficking Act 1985 (NSW). The maximum penalties for supply depend on the quantity and type of prohibited drug.

Where the amount of Cannabis exceeds the commercial quantity (25 kg), this matter is strictly indictable which means that it can only be finalised in the District Court.

Where the amount of Cannabis does not exceed the commercial quantity (25 kg) but is more than the indictable quantity (1000 grams), the matter is a Table 1 offence. This means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

Where the amount of Cannabis does not exceed the small quantity (30 grams), this matter is a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

For more information about this offence, please visit Supply Prohibited Drugs.

Manufacture and Production of Cannabis

The offence of Manufacture and Production of Prohibited Drug is contained in section 24 of the Drug Misuse and Trafficking Act 1985 (NSW). This offence carries a maximum penalty of 10 years imprisonment and/or a fine of $220,000.

To convict a person of manufacturing or producing prohibited drugs, the prosecution must prove each of the following matters beyond a reasonable doubt:

1. The substance is a prohibited drug; and
2. The person manufactured or produced the prohibited drug; or
3. The person knowingly took part in the manufacture or production of the prohibited drug.

For more information about this offence, please visit Manufacture and Production of Prohibited Drugs.

Importing and Exporting Cannabis

The offence of Importing and Exporting a border-controlled drug is contained in Division 307 of the Criminal Code Act 1995 (Cth). Cannabis falls under Schedule 2 which contains a list of border controlled drugs. The maximum penalty depends on the quantity of the drug as per below:.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.