Whether you're a first-time offender facing a minor possession charge or confronting serious allegations such as drug importation, commercial drug supply or cultivation, ED Legal is here to provide expert legal representation and strategic advice tailored to your situation.
Under Section 10 of the Drug Misuse and Trafficking Act 1985 (NSW), it is an offence to have a prohibited drug in your possession. If convicted, you may face:
A maximum of 2 years’ imprisonment and/or
A $2,200 fine.
Even for a minor drug possession charge, a conviction can result in a criminal record that may affect employment, overseas travel, and other aspects of your life. However, with experienced legal representation, you may be able to avoid a conviction altogether through a section 10 dismissal or non-conviction conditional release order.
If you are a first-time offender, tailored defence strategies can often lead to leniency or diversion from the criminal justice system.
The offence of drug supply is dealt with under Section 25 of the Drug Misuse and Trafficking Act 1985 (NSW). The law defines “supply” broadly and includes:
Selling, distributing or delivering a drug,
Agreeing or offering to supply,
Holding drugs for the purpose of supply,
Authorising or directing a supply.
You can also be charged with “deemed supply” under Section 29, if the quantity found exceeds the “traffickable quantity”, even without direct evidence of supply. It then becomes your responsibility to demonstrate to the Court that the drugs were not in your possession for the purpose of supply.
It is a legal defence if the drugs were held for a purpose other than supply, such as personal use or holding for a friend. For example, in Carey (1990), it was found that returning drugs to the owner is not supply. The prosecution must prove:
A substance was supplied,
It was a prohibited drug, and
The accused knew it was a prohibited drug.
Under Section 23 of the Drug Misuse and Trafficking Act 1985 (NSW), cultivating prohibited plants (such as cannabis) is a criminal offence. This includes:
Planting, watering, or caring for cannabis plants, or
Possessing cultivation equipment or materials.
If the cultivation is for commercial purposes, penalties can exceed 15 years’ imprisonment. Cases involving large indoor grows or sophisticated operations are treated especially seriously.
We provide expert defence for all drug related offences, including drug importation, drug trafficking, manufacturing a prohibited drug and possession of drug equipment or paraphernalia.
Remain Silent: Do not make statements to police without legal advice.
Seek Legal Advice Immediately: Contact ED Legal to understand your rights.
Preserve Evidence: Document everything that might assist your case.
Act Promptly: Early intervention by a defence lawyer can significantly influence the outcome.
Specialists in drug defence, with an extensive record of favourable outcomes.
Successfully securing charge withdrawals, section 10 dismissals, and not guilty verdicts.
Rated highly by clients and peers across NSW criminal law courts.
Free initial consultation and 24/7 availability to assist in urgent matters.
Call 0416 849 997 to speak with a dedicated drug offence lawyer today.
