State & Territory Drug Laws

Each state and territory has a different set of laws in regards to drugs. In this section you can access factsheets regarding each of the individual states and territories drug laws.
Wiki Article
15
Feb
2010
NSW Drug Laws Factsheet
Last Edited By: Bluebelly on 15 Feb 2010 (+ 1)

So what are the drug laws within New South Wales? Read on to find out more.

Within NSW it is an offence to:

  • Possess a prohibited drug
  • Possess equipment for administration of prohibited drugs
  • Self administer prohibited drugs
  • Permit another to administer a prohibited drug

If found guilty of possession and/or use you may incur a penalty of a fine of up to $2,000 and/or imprisonment of up to two years.


Manufacture/Trafficking

It is an offence to manufacture or traffic amphetamines, cocaine or MDMA in NSW.


Penalties

Penalties regarding the possession, use, manufacture and trafficking of amphetamines, cocaine or MDMA is determined by the quantity of drug involved. There is also an assumption under NSW law that if you are found in possession of 3 grams or more of cocaine or amphetamines or 0.75grams of MDMA or more then you intended to supply the drug.
The table below provides a summary of the quantities and associated penalties.

Quantity Amphetamines MDMA/MDA Cocaine Maximum Penalty
Small Quantity 1g 0.25g 1g Fine of up to $2,200
and/or
up to 2 years imprisonment
Supply
(Non indictable quantity)
3-4.9g 0.75-1.24g 3-4.9g Fine of up to $5,500
and/or
up to 2 years imprisonment
Indictable
Quantity
5g 1.25g 5g Fine of up to $220,000
and/or
up to 15 years imprisonment
Commercial
Quantity
250g 125g 250g Fine of up to $385,000
and/or
up to 15 years imprisonment
Large
Commercial
Quantity
1kg 500g 1kg Fine of up to $550,000
and/or
up to life imprisonment



*This fact sheet is for information only and should not be relied upon as legal advice.

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12 Apr 2010 12:15 PM | bluebelly wrote:
We referred your question to our legal advisers who suggested that is not really possible for Bluebelly to respond to as this is really a matter for professional legal advice. As we state in our Terms of Use:
“These articles contain general information only and are not a substitute for obtaining legal advice. We do not accept liability for any action taken based on our articles or for any loss suffered as a result of reliance on an article. We believe that drug laws are complex and recommend discussing individual concerns or problems with independent legal advice." I realise this is not the answer you were looking for and we'd like to have an easy response ourselves.
12 Apr 2010 12:14 PM | bluebelly wrote:
Thanks for your question Marley. These are difficult questions and are not easily answered. We did a lot of research on this in preparing the factsheets and had much difficulty with the areas you have highlighted. The legislation is not always clear about definitions and what's more, drug laws differ from State to State.
02 Apr 2010 12:41 PM | Marley wrote:

What if you were caught with 'Ecstasy' pills that contained another chemical like a piperazine or cathinone, or even caffeine or simply just binder? Are you still considered to be in posession of 'Ecstasy'?

Furthermore, does the law consider the quantitative amount of an active substance in a pill? A .25gm pressed pill may contain anywhere between 0 - 150mg of an active chemical - Are 2 x 125mg MDMA pills considered the same as 5 x 50mg pills?

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