Organising Drug Premises

The offence of Organising or Conducting a Drug Premises carries a maximum penalty of 12 months imprisonment and/or a fine of $5,500 for a first offence or 5 years imprisonment and/or a fine of $50,000 for a second or subsequent offence.

What is Organising Drug Premises?

This offence is set out in Section 36YZ of the Drug Misuse and Trafficking Act which provides that anyone who organises, conducts or assists in organising or conducting a drug premises is guilty of an offence.

The act defines a “premises” as any structure, building, aircraft, vehicle, vessel or place (whether built upon or not), and any part of any such structure, building, aircraft, vehicle, vessel or place and a drug premises is any of the above that is used for the unlawful supply or manufacture of a prohibited drug.

This offence captures a person assisting in organising or conducting drug premises if the person acts as a lookout, door attendant or guard in respect of any premises that are organised or conducted as drug premises.

The Following Acts Constitute Organising a Drug Premises:

• Installing the equipment such as glassware, heating elements, ventilation systems and chemicals for the manufacture of ecstasy 
• Paying rental repayments, utility bills, equipment related to the drug premises.
• Overseeing the day-to-day running of the premises, such as scheduling shifts for persons to work on the premises, securing supply chains, distributing and packaging products, or managing the rotation of crops of prohibited plants.

What Must Be Proven?

For a person to be found guilty of Organising a Drug Premises, the Prosecution must prove each of the following matters beyond a reasonable doubt:

1. You organised, conducted or assisted in the organisation or conduct of a premises, and
2. The premises was a drug premises

A first offence is a Table 2 offence, which means that it will be dealt with in the Local Court unless the Prosecution or accused elects to have the matter dealt with in the District Court.  

A second or subsequent offence is Strictly Indictable, which means that it must be finalised (either by way of a trial or sentence) in the District Court. The matter will still start in the Local Court, and it will be subject to the Early Appropriate Pleas of Guilty (EAGP) Scheme.

Possible Defences to an Organising a Drug Premises Charge

The following defences may be available for an Organising Drug premises charge:

• Lack of Knowledge 
• Challenging the Nature of the Premises, that it does not meet the legal definition of a drug premises
• Duress
• Necessity 

Section 36Z(2) also provides for a separate offence for anyone who commits this offence while knowing that a person under the age of 18 has access to the premises and as a consequence, that child has been exposed to a prohibited drug or plant, the supply process or any equipment capable of being used to administer a prohibited drug. For a first offence, the maximum penalty is 14 months imprisonment and/or a fine of $6,600 or 6 years imprisonment and/or a fine of $60,000 for a second or subsequent offence.

For a person to be found guilty of the offence, the Prosecution must prove each of the following matters beyond a reasonable doubt:

1. You organised, conducted or assisted in the organisation or conduct of a drug premises
2. The premises was a drug premise
3. You knew a child had access to the premises, and
4. As a consequence of that access, the child was exposed to:

• A prohibited drug or plant
• A drug supply process, or
• Equipment capable of being used to administer a prohibited drug

It is a defence if you can prove that the exposure of the child to the drug or plant or supply process or equipment did not endanger the health or safety of the child.

A first offence is a Table 2 offence, which means that it will be dealt with in the Local Court unless the Prosecution or accused elects to have the matter dealt with in the District Court.  

A second or subsequent offence is Strictly Indictable, which means that it must be finalised (either by way of a trial or sentence) in the District Court. The matter will still start in the Local Court, and it will be subject to the Early Appropriate Pleas of Guilty (EAGP) Scheme.

Common Questions about Organising a Drug Premises Charge

Will I receive a criminal conviction?

A conviction and criminal record for this offence is very likely. 

In NSW, a Court can impose any of the following penalties for Organising a Drug Premises charge.

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for an Organising a Drug Premises charge might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover, a conviction for an offence of drugs can completely rule out certain career paths such as teaching and a range of government employment options. Drug offences may also result in sentences that include imprisonment even where an individual has no previous convictions.

Will I go to Gaol?

Whether you will receive a Gaol sentence for an Organising a Drug Premises charge depends entirely on the seriousness of the offence and a person’s subjective features.

As of October 2025, the most common sentence imposed by New South Wales Local Court’s for this offence is a Community Corrections Order from July 2021. In the same period, every offender sentenced for the offence received a criminal conviction. 

What are factors that will impact my sentence?

Sentencing depends heavily on the offender’s role, the size of the operation, the existence of prior offences, and whether a plea of guilty was entered. Full-time Gaol is a real possibility for someone who has been charged with Organising a Drug Premises.

I am a cleaner and I have been charged with this offence, but I had no idea the premises I was cleaning was a drug premises?

With the limited information in the question, it sounds like you believed you were working for a legitimate business. If you did not know and could not reasonably be expected to have known or suspect the premises was a drug premises, you may be able to successfully mount a defence to the charge. 

What powers do the Police have to inspect the premises?

NSW Police have specific powers to issue and execute search warrants in relation to properties they suspect are being used in connection with drug manufacture or supply and those powers are contained in the Police Powers (Drug Premises) Act 2001.

A Police officer with the rank of sergeant or above may issue a search warrant if they have reasonable grounds to believe premises are being used as drug premises. In order to execute such a search warrant, Police may enter the premises by breaking open doors, windows or partitions to gain access.

Depending on the conditions of the warrant, the order may grant the following:

• search any person on the premises;
• arrest any person on the premises;
• seize firearms or other things they believe are connected with offences;
• seize prohibited drugs, money, syringes or other things used in connection with prohibited activity;
• require any person on the premises to provide their full name and address.