Drug offences are among the most serious criminal charges in Australia and can lead to heavy penalties, including imprisonment. Whether you’re charged under Commonwealth law or your state or territory’s legislation, the consequences can be life-altering. This guide provides an overview of how drug offences are prosecuted in Australia, what defences may be available, and the penalties across each jurisdiction.
In Australia, drug offences can be prosecuted under Commonwealth law or state/territory law, depending on the nature of the offence.
State or Territory police typically lay charges for possession, trafficking, or cultivation within the state.
The Australian Federal Police (AFP) handles offences involving importation, exportation, or offences that cross state or international borders.
Offenders are usually charged after:
Search warrants
Surveillance operations
Sniffer dog detection
Customs or airport inspections
While drug charges are serious, various legal defences may apply:
Lack of knowledge – The accused was unaware they possessed the drug.
Unlawful search – Evidence was obtained in breach of police powers.
Duress – The act was committed due to threat or coercion.
Lack of intent – Particularly in trafficking or supply charges, where intent must be proven.
Legal advice is essential to assess the best defence in each case.
The Commonwealth focuses on large-scale offences such as:
Importing or exporting border-controlled drugs
Drug trafficking across borders
Possession of precursor chemicals for manufacture
Importing/Exporting commercial quantity – Up to life imprisonment
Importing/Exporting marketable quantity – Up to 25 years’ imprisonment
Attempting to possess imported drugs – Up to 10–25 years, depending on quantity
Relevant legislation:
Criminal Code Act 1995 (Cth), Division 300–307
Drug offences in Australia are governed by both Commonwealth and state or territory laws. While federal law deals with serious crimes like drug importation and trafficking across borders, each state and territory has its own legislation covering offences such as possession, supply, and cultivation.
Legislation: Drug Misuse and Trafficking Act 1985 (NSW)
Common Charges: Possession, supply, manufacture, cultivation, trafficking
Examples:
Possessing cannabis or MDMA
Trafficking ice or cocaine
Penalties:
Possession – Up to 2 years’ imprisonment
Supplying large quantities – Up to 25 years’ imprisonment
Legislation: Drugs, Poisons and Controlled Substances Act 1981 (VIC)
Charges: Possession, trafficking, cultivation, manufacturing
Examples: Cultivating cannabis, possessing heroin
Penalties:
Possession – Max 1 year
Trafficking commercial quantity – Max 25 years
Legislation: Drugs Misuse Act 1986 (QLD)
Charges: Possession, supply, trafficking, production
Examples: Possessing ecstasy at a music festival
Penalties:
Possession (Schedule 1 drugs) – Up to 25 years
Trafficking – Life imprisonment for large-scale operations
Legislation: Misuse of Drugs Act 1981 (WA)
Charges: Possession, trafficking, cultivation, manufacture
Examples: Carrying methamphetamine in a vehicle
Penalties:
Possession with intent to sell – Up to 25 years
Trafficking – Life imprisonment
Legislation: Controlled Substances Act 1984 (SA)
Charges: Possession, manufacture, trafficking, cultivation
Examples: Growing cannabis plants without a licence
Penalties:
Simple possession – Up to 2 years
Major trafficking – Up to 25 years
Legislation: Drugs of Dependence Act 1989 (ACT)
Charges: Possession, supply, manufacture
Examples: Supplying MDMA at a party
Penalties:
Possession (small quantities) – Fine or prison up to 2 years
Trafficking – Up to 25 years
This page offers general information only and is not a substitute for legal advice. Criminal laws and penalties vary by state. If you’re charged or under investigation, seek help from a criminal lawyer or legal aid service in your jurisdiction.
While we don’t provide legal advice—as every case is unique and only a qualified lawyer is permitted to do so—we’ll do our best to guide you with relevant general information. If we’re unable to assist, we can refer your query to a licensed criminal lawyer.
