The Northern Territory has the strictest drug offences in Australia. The law is contained primarily in the Misuse of Drugs Act (NT) and a range of Commonwealth Legislation which includes the Customs Act, Narcotic Drugs Act and the Psychotropic Substances Act.

There are a number of important provisions which need to be carefully considered when a defendant is charge with a drug related offence. Of particular significance is Section 37(2) and Section 37(6) of the Misuse of Drugs Act.

Section 37(2) provides that a person is to receive 28 days imprisonment for their second or subsequent drug offence unless there are particular circumstances of the offence and/or the offender. There is a substantial amount of case law which justifies the court finding particular circumstances of the offence in the offender which avoids the person being required to serve 28 days imprisonment.