Offences Involving Steroids
For the purposes of the Drug Misuse and Trafficking Act 1985 (NSW) (“the Act”), Anabolic steroids, along with other image and performance-enhancing drugs, are listed in Schedule 1 of the Act.
This means that all the major drug offences under the Act, including Possession, Supply, and Manufacture apply to anabolic steroids. The maximum penalties for these offences range from 2- and 25-years imprisonment and are as follows:
Offence |
Weight |
Maximum Penalty |
| Drug Possession | NA | 2 years imprisonment and/or fine of $2,200 |
| Forging or altering a prescription, or obtaining a prescription by false representations | NA | 2 years imprisonment and/or a $2,200 |
Drug Supply |
||
| Not more than a small quantity | Not more than 50 grams | 2 years imprisonment and/or fine of $5,500 if the matter remains in the Local Court or 15 years and/or a fine of $220,000 if finalised in a higher Court |
| Supply not more than a trafficable quantity | Not more than 500 grams | 2 years imprisonment and/or a fine of $11,000 if the matter remains in the Local Court or 15 years and/or a fine of $220,000 if finalised in a higher Court |
| Supply not more than an indictable quantity | Not more than 750 grams | 2 years imprisonment and/or an a fine of $11,000 if the matter remains in the Local Court or 15 years imprisonment and/or a fine of $220,000 if finalised in a higher Court |
| Supply not more than the commercial quantity | Not more than 5 kg | 15 years imprisonment and/or a fine of $220,000 |
| Supply more than the commercial quantity | More than 5 kg | 20 years imprisonment and/or a fine of $385,000 |
| Supply drug on an ‘ongoing basis’ | Any | 20 years imprisonment and/or a fine of $385,000 |
Drug Manufacture |
||
| Manufacture or production of not more than commercial quantity | Not more than 5 kg | 15 years imprisonment and/or a fine of $220,000 |
| Manufacture or production of more than commercial quantity | More than 5 kg | 20 years imprisonment and/or a fine of $385,000 |
Possible Defences to a Steroid Related Offence
- Having a valid medical prescription
- Carey defence
- Duress
- Necessity
Poisons and Therapeutic Goods Act 1966 (NSW)
Alternatively, a person may be charged with an offence relating to prescribed restricted substances under section 16 of the Poisons and Therapeutic Goods Act 1966 (NSW). This Act regulates pharmaceutical drugs commonly referred to as Schedule 4 or restricted substances. The maximum penalty for possession or an attempt to possess a prescribed restricted substance is 2 years imprisonment and/or a fine of $2,200 if the substance is an anabolic or androgenic steroidal agent or in the case of another substance, the maximum penalty it 6 months imprisonment and/or a fine of $2,200.
If a person has been charged with forging or fraudulently altering a prescription of a medical practitioner for a prescribed restricted substance the maximum penalty is 6 months imprisonment and/or a fine of $2,200.
In the event a person has represented false or misleading information to obtain, attempt to obtain or induce or attempts to induce a prescription for a restricted substance the maximum penalty is 6 months imprisonment and/or a fine of $2,200.
Common examples of prescribed restricted substances include
- Anabolic and androgenic steroids
- Most benzodiazepines (e.g., Diazepam, Alprazolam)
- Barbiturates
If you have been charged with an offence related to a Schedule 1 Substance or a Prescribed Restricted Substance, there may be significant benefits in attempting to negotiate a charge under Schedule 1 of the Drug Misue and Trafficking Act 1985 (NSW) to a charge under the Poisons and Therapeutic Goods Act 1966 (NSW). Our skilled lawyers are experienced in strategically negotiating with prosecutors to reduce or downgrade the charges. This can significantly impact your potential penalties and the overall outcome of your matter. Call us today to discuss your options.
This article was written by Emily Wood-Ward
Emily Wood-Ward is a Criminal Lawyer based in Sydney bringing vast experience from working in both public and private practice. She has experience appearing and instructing counsel in the Local, District, Supreme and Coroners Courts of New South Wales. Emily has honed fierce advocacy skills from her experience working with incredibly vulnerable and disadvantaged clients whilst working for the Aboriginal...
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