Newcastle Drug Defence Lawyers

Need the best Newcastle Drug Lawyers?

We offer 24/7 Criminal Defence Services.

All NSW Courts. Outstanding Results.

Claim your obligation-free consultation here.

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. 

Possession of prohibited drugs

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.  

Deemed supply provision

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. 

Drug supply

A person who supplies, or knowingly takes part in, the supply of a prohibited drug is guilty of an offence pursuant to section 25 of the DMTA. 

Defences to Drug Offence

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.

Recent Articles

Meet Your Team

Play Video

Get Legal Advice

Frequently Asked Questions

Play Video


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
Read More
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.

5 Star Review
Gary Kay
Read More
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

5 Star Review