In New South Wales, the possession of prohibited drugs is an offence. Under section 10 of the Drug Misuse and Trafficking Act 1985 (NSW), it is illegal for any person to have a prohibited drug in their possession.

What is a Prohibited Drug?

A prohibited drug refers to any substance other than a prohibited plant, listed in Schedule 1 of the Act. This schedule includes a wide range of illicit substances such as:

• Cannabis
• Heroin
• Ecstasy 
• Amphetamines
• LSD
• Cocaine
• Methadone

What the Prosecution Must Prove

To secure a conviction for possession, the prosecution must prove all of the following beyond a reasonable doubt:

• The substance is a prohibited drug
• It was in the person’s possession
• The person knew the drug was in their possession

Penalties

Penalties for possession of prohibited drugs can include fines, a criminal record, and in some cases, imprisonment. The outcome will depend on the type and quantity of the drug and the circumstances of the offence.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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