Drug Defence Lawyers

As drug offences are one of the most common criminal offences within the NSW system, it is integral that individuals are aware of what constitutes the crime and the implications of possible charges.

The team at Hamilton Janke Lawyers are highly experienced in defending those accused of drug offences, including supply of a prohibited drug and drug cultivation, and can provide expert advice and assistance to ensure you receive the best possible outcome.

Drug Offences

There are a number of drug offences outlined in the Drug Misuse and Trafficking Act (DMTA). Some of the most common offences are listed below. 

Common FAQ's

Being convicted of a drug offence can have serious consequences for an individual. It may result in imprisonment, may affect your employment prospects or jeopardise your chances of securing a visa for travelling overseas. 

If you have been with a drug offence it is vital that you seek legal advice. In some cases, it may be possible to avoid being convicted even if there is enough evidence to convict you. An experienced criminal lawyer will be able to get you your best result.

Section 10 of the DMTA outlines that any person who has a prohibited drug in his or her possession is guilty of an offence. In order to prove this charge, the prosecution must prove beyond reasonable doubt that an individual:
  1. Had a prohibited drug in their possession; and
  2. They knew the prohibited drug was in their possession or believed the substance in their possession was likely to be a prohibited drug.

There are two different kinds of possession recognised by the law: physical possession and de facto possession.
As the term implies, physical possession is when the drug is physically in your custody. De facto possession is when the drug is not physically in your custody, but you have control of the drug.

While most people are aware that it is an offence to possess a prohibited drug, many people may not realise that the offence with which you are charged depends on the quantity of the drug in your possession. 

Under section 29 of the DMTA, a person who has in their possession a trafficable quantity of a prohibited drug shall be deemed to have the prohibited drug in their possession for the purpose of supply. 

The weight which constitutes a trafficable quantity varies for each drug. For cocaine and methylamphetamine it’s 3 grams, for MDMA/ecstasy it’s 0.75 grams and for cannabis, it’s 300 grams. 

According to the global drug survey, the average weight of an ecstasy pill is between 0.2 to 0.3 grams. This means that if you have just three pills on you, you may be charged with possessing these drugs for the purpose of supply. 

We offer fixed fees. You’ll receive a full, honest and transparent explanation of the fees for our services.

My role as your lawyer is to fight vigorously for your rights in the courtroom. 

My role is to explain to the court the context or situation that was occurring at the time for you at the time of the alleged offence. 

My role can sometimes also be to tell the court that you’re not guilty of an offence and to raise defences that will convince the court, the judge, the magistrate or jury that you are not guilty of that offence. 

My role is to protect you in the courtroom at all times and that’s what we do for you.

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Hamilton Janke Lawyers are one of the top rated Criminal Law Firms in the region. We treat every client with the respect and commitment they deserve. This commitment to our profession has earned us a reputation which we are very proud.

Emma Smith
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I could not thank Hamilton Janke Lawyers enough. Exceptionally professional company from start to finish. From reception to court appearances. James is an expert in his field, I had full confidence that he would be able to give my partner the positive outcome we hoped for; regardless of how complicated her case was. No doubt anyone who needs to contact this company would be full of anxiety and worry, yet the service we received at Hamilton Janke Lawyers eased those worries from the first phone call. Attentive, personable and professional. I would not hesitate to recommend James and the team to anyone in need of help. The world needs more companies like this. Thank you.

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Gary Kay
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Hamilton Janke assisted me with my legal matter. James was always available and made sure that I properly understood my options. His knowledge of the law was invaluable. Highly recommend

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