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Lionel Rattenbury
Criminal Defence Lawyer


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Drug Offences - NSW
Welcome to the NSW Use of prohibited drugs article page. Everything you need to know about Use of prohibited drugs according to NSW law - Dated: 01/09/2009

What the Law States according to NSW Law for Use of prohibited drugs
According to NSW Law for the charge of Use of prohibited drugs,

On the police facts sheet and the court attendance notice that you may have received you will have a reference to the law part and a short description of offence. These references help the court and the legal profession to identify the exact offence you have been charged with. The law part and short description for this offence are set out in the table below:

Law Part Short Description
3151 Self administer/attempt self administer prohibited drug

The Maximum Penalty - Use of prohibited drugs
According to NSW Law for the charge of Use of prohibited drugs,

The maximum penalty for the charge of use of prohibited drugs (Section 12 of the Drug Misuse and Trafficking Act) is a fine of 20 penalty units and/or 2 years imprisonment.

In NSW, a court can impose any of the following penalties for a use of prohibited drugs charge.

You’ll find a brief description of each of these penalties at the bottom of this page.

Likely Penalty

Local Court

Based on our experience and statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid range of seriousness for the offence of use of prohibited drugs, if heard in the Local Court is likely to be: 

• Cocaine: A fine of $300.
• Cannabis: A fine of $200.
• Amphetamines: A fine of $250.
• Heroin:  A fine of $250.
• Ecstasy: A bond under section 10A of the Crimes (Sentencing Procedure) Act.

For first time offenders the likely penalty is:

• Cocaine: A bond under section 10 of the Crimes (Sentencing Procedure) Act.
• Cannabis: A fine of $300.
• Amphetamines: A fine of $250.
• Heroin:  A fine of $750.

What the Police must prove according to NSW Law for Use of prohibited drugs

To convict you of a use of prohibited drugs charge, the police must prove each of the following matters beyond a reasonable doubt:

  1. You administered to yourself a prohibited drug.

They will also need to prove that you were the person who committed the use of prohibited drugs offence.

Possible Defences under NSW Law - Use of prohibited drugs

Possible defences to a use of prohibited drugs charge include but are not limited to:

In NSW which court will hear the matter - Use of prohibited drugs

This matter is a summary matter and can only be finalised in the Local Court.

Section 10 for a use of prohibited drugs charge: avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead. Read more.

Fines for a use of prohibited drugs charge: When deciding the amount of a fine for a use of prohibited drugs charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set. Read more.

Good behaviour bond for a use of prohibited drugs charge: This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years. Read more.

Community service order for a use of prohibited drugs charge. (CSO): This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order. Read more.

Suspended sentence for a use of prohibited drugs charge: This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years. Read more.

Periodic detention for a use of prohibited drugs charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.

Intensive correction order for a use of prohibited drugs charge (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service. Read more.

Jail for a use of prohibited drugs charge: This is the most serious penalty for the charge of use of prohibited drugs and involves full time detention in a correctional facility. Read more.

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