Criminal Lawyers › Drug Offences
Drug Offence Lawyers — Charged? Your Options Matter.
Drug charges range from personal possession of a small quantity to large-scale trafficking attracting mandatory minimum sentences. The difference between a diversion, a non-conviction order, and a gaol sentence often comes down to early legal advice, the specific charge, and how the matter is defended. Get connected with a criminal lawyer before you respond to police or appear in court.
⚠ If you have been charged with a drug offence or are under investigation, do not answer police questions without legal advice. What you say — or don't say — in an interview can change the charge level. Get advice now.
What We Help With
Drug offence matters — possession, supply, trafficking, and more.
From minor possession charges eligible for diversion programs, to serious supply and trafficking matters prosecuted in the District or Supreme Court — a criminal lawyer advises on defences, diversion eligibility, and the most effective way to resolve the matter.
Possession — Personal Use
Possession of a prohibited drug for personal use — including cannabis, MDMA, amphetamines, and cocaine. Many first offenders may be eligible for diversion programs or non-conviction orders.
Supply & Deemed Supply
A charge of supply does not require a transaction — possessing a quantity above the "trafficable quantity" triggers a deemed supply presumption. Rebutting this presumption requires specific evidence.
Drug Trafficking
Trafficking charges involve commercial quantities and attract serious maximum penalties including lengthy imprisonment. Early legal advice is critical — including advice on whether Commonwealth or state law applies.
Drug Manufacturing & Production
Manufacturing, producing, or cultivating prohibited drugs carries heavy maximum penalties. Clandestine laboratory charges often involve multiple aggravated circumstances requiring specialist criminal defence.
Drug Diversion Programs
Most states have drug diversion or drug court programs for eligible offenders — allowing treatment rather than punishment. A lawyer can advise on eligibility and guide you through the application process.
Drug Driving
Driving with an illicit drug present in your system (oral fluid test) or while drug-impaired — including THC from cannabis days after use. Licence consequences and criminal record implications are significant.
What the Law Says
Drug charges — the difference between possession, supply, and trafficking.
Each charge category carries vastly different penalties and requires different legal strategies. Understanding where your charge sits on this spectrum is the starting point for any defence.
Possession — personal use quantities
Possession of a prohibited drug for personal use is the lowest-level drug offence. Most states have set "small quantity" thresholds — below which, a first offender is typically eligible for a caution, diversion into a treatment program, or a non-conviction order (like a conditional release order in NSW). The presence of the drug in a place you have access to can be sufficient — "possession" does not require physical handling, and joint possession is possible where two people have access to the same drug.
Deemed supply — how the law works against you
Possessing a quantity above the "trafficable quantity" in your state triggers a legal presumption that the drug was possessed for supply — even with no evidence of a transaction. This "deemed supply" presumption shifts the burden to you to prove personal use. Evidence of personal use includes text messages, witness evidence, evidence of drug dependency, and the absence of deal bags or scales. A lawyer assesses the evidence before advising on whether to challenge or plea.
Commercial supply and trafficking quantities
Once quantities reach "commercial" or "large commercial" thresholds, the offence is typically indictable and prosecuted in the District or Supreme Court. Commonwealth drug trafficking offences under the Criminal Code Act 1995 (Cth) apply to large-scale operations and carry maximum penalties of life imprisonment for "commercial" quantities of serious drugs. Federal charges involve AFCA/AFP investigation and Commonwealth prosecution — they require experienced specialist criminal defence lawyers from the outset.
Drug diversion programs — treatment instead of punishment
All states have some form of drug diversion or drug court program designed to redirect drug-dependent offenders away from the criminal justice system and into treatment. Eligibility varies — generally limited to possession and minor supply charges, first or early offenders, and those with a recognised drug dependency. Successful completion typically results in charges being withdrawn. Legal advice on eligibility and how to present for a diversion program is worth obtaining early — before the first court appearance.
Police interviews — exercise your right to silence
Drug investigations are frequently built around admissions made to police. You are not required to answer questions beyond giving your name and address. Under the right to silence, you can decline to answer all investigative questions. A lawyer should be contacted before any police interview — particularly where the charge level (possession vs. supply) may depend on what you say. Under most state legislation, there is no adverse inference drawn from exercising the right to silence before or at trial.
State vs. federal charges — why it matters
Drug offences can be prosecuted under state/territory law or under the Commonwealth Criminal Code. Federal charges typically apply where drugs have crossed a border or where the AFP or ACIC is involved. The choice of jurisdiction significantly affects the maximum penalty, sentencing principles, and the prosecution approach. Commonwealth charges carry heavier maximum penalties but also stricter evidentiary standards. Federal criminal defence requires lawyers with Commonwealth court experience.
How It Works
One request. The right drug offence lawyer.
Tell us the charge, the drug and quantity involved, and your court date. A criminal lawyer experienced in drug offences will contact you for a free, confidential consultation.
Submit Your RequestDescribe the charge
Tell us the charge (possession, supply, trafficking), the drug and approximate quantity, your state, and your next court date.
Matched to a criminal lawyer
Your request is matched to a lawyer with experience in drug matters in your state — including diversion programs, deemed supply defences, and serious trafficking matters.
Free consultation arranged
A criminal lawyer contacts you for a free consultation — advising on defences, diversion eligibility, likely outcomes, and how to approach the matter before court.
Common Questions
Drug offences — frequently asked questions.
What is the difference between possession and supply?
Possession means having a drug in your custody or control. Supply means providing, distributing, or selling — or possessing a quantity above the trafficable threshold (deemed supply). The critical difference is that supply carries far heavier penalties and is typically indictable. Even sharing a small amount of a drug with friends can constitute supply. A lawyer assesses the evidence and advises whether the charge level is correct and challengeable.
Am I eligible for a drug diversion program?
Eligibility depends on the charge (usually possession or minor supply), the quantity, your criminal history, and the state. Most programs require a genuine drug dependency, a willingness to enter treatment, and an acknowledgement of the offending. A lawyer can advise on eligibility and how to present your circumstances in the best light to secure a diversion referral at the first court appearance.
Do I have to answer police questions about a drug offence?
No. You have a right to silence. You are not required to answer questions about suspected offences beyond identifying yourself. This right applies to all stages — from roadside police encounters through to formal records of interview. Exercising the right to silence cannot be used as evidence against you at trial in most Australian states. Always contact a lawyer before participating in any formal interview.
Can drugs found in my house or car be attributed to me?
Potentially yes. In Australian criminal law, possession can be established through "deemed possession" — where you have knowledge of the drug and control over the place it is found. If drugs are found in your home or vehicle and you are present, you may face a possession charge even if the drugs "belong to" someone else. Multiple occupant defences and lack of knowledge defences can apply — a lawyer will assess the evidence against you.