Synthetic Drugs
Synthetic drugs are products containing chemical substances artificially developed to mimic the effects of illegal prohibited drugs such as Cannabis, Cocaine and Methamphetamine. The legality of a synthetic drug is dependent on whether the compound is prohibited under the Therapeutic Goods (Poisons Standard—October 2025) Instrument 2025.
In essence, if the synthetic substance is chemically similar enough and produces a psychotropic effect, then it will be treated the same as the substance it is mimicking for the purposes of the legislation.
What Synthetic Drugs are Illegal?
Many synthetic drugs, including 25i-NBOMe have been specifically added to Schedule 1 of the Drugs Misuse and Trafficking Act 1985 (NSW) making them prohibited drugs in their own right. Each of these synthetic drugs have weights assigned for small, trafficable, indictable and commercial quantities and they are prosecuted in the same way as other prohibited drugs, such as Cannabis, Cocaine and MDMA.
A significant number of synthetic drugs are now classified as prohibited drugs. As such a person can be charged under the general “offences in the Drug Misuse and Trafficking Act 1985 (NSW).
Therefore, a person who is in possession of synthetic Cannabis may be charged with possession of a prohibited drug, much as they would have been if they had been in possession of ‘real’ Cannabis.
Alternatively, a person may be charged relying on the analogue provisions, or by way of the definition of drug in schedule 9 of the Drugs Misuse and Trafficking Act 1985 (NSW).
What Must The Police Prove?
For a substance to be classified as an analogue of a prohibited drug it must:
- have psychotropic properties; and
- be structurally similar to a prohibited drug prescribed by Schedule 1.
The requirements prescribed by Schedule 1 of structural similarity involve very complex legal principles and will usually require expert evidence. If you have been charged with an offence relating to synthetic drugs, it may be that an expert is required to define and analyse chemical structures.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
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...
About Armstrong Legal
With more than 30 years of experience helping Australians manage serious legal matters, Armstrong Legal is a national law firm guided by a genuine focus on each client's interests. We've received awards from 2021 to 2025 for our work in criminal and traffic law, reflecting our ongoing reputation for quality and commitment to excellence.
Through Court appearances that happen almost every day, each of our lawyers regularly strengthens their real-world experience to provide confident, informed representation. Additionally, our culturally aware team supports clients from diverse backgrounds and can explain a person's rights and options in plain language to clarify the likely path forward, whether they are searching for "traffic citation lawyers", "intervention order lawyers" or "drug trafficking lawyer".
Our lawyers understand how stressful it can be when charged with a criminal or traffic offence, which is why we carefully consider how to guide you through the legal process. So, if you have questions about "appeal court Victoria", "crime lawyer near me" or "blacktown criminal lawyers", contact us at Armstrong Legal today.