Drug Offences Involving Cocaine in New South Wales

Cocaine is a prohibited drug contained in Schedule 1 of the Drug Misuse and Trafficking Act 1985 (NSW). Common street terms for Cocaine include Coke, Blow, Charlie, White Dust and Snow. The below offences are all applicable to an offence involving the prohibited drug Cocaine. 

Self-Administration of Cocaine

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 Prohibited Drugs.

Administration of Cocaine 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 Cocaine

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 cocaine. 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 Cocaine

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 cocaine exceeds the commercial quantity (1 kg), this matter is strictly indictable which means that it can only be finalised in the District Court.

Where the amount of cocaine does not exceed the commercial quantity (250 grams) but is more than a small quantity (1 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 cocaine does not exceed the small quantity (1 gram), 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 Cocaine

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 Cocaine

The offence of Importing and Exporting a border-controlled drug is contained in Division 307 of the Criminal Code Act 1995 (Cth). Cocaine 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.