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Letting a place be used for drugs

If you own, rent, run or live in a place that's being used to make, sell, store or use illegal drugs — and you know about it and let it happen — you can be charged. You don't have to touch the drugs yourself. Being the person in charge of the place can be enough.

The whole idea in one picture

From grow house to court

A place gets used for drugs, the everyday signs give it away, police search it — and a court can hand down jail, fines, or even take the property. Here's how that runs, start to finish.

1 · The place house · unit · warehouse 2 · Tell-tale signs power · water · windows 3 · The raid search warrant 4 · Court jail · fines · lose the place

What counts as a drug-premises offence?

It's about the place, not just the drugs. You can be caught up in this if you're the person who controls or allows a spot to be used for drug activity.

Things that can get you charged

  • Letting your place be used to make, sell, store or use drugs
  • Running, or helping run, a place set up for drugs
  • Being the owner, tenant or occupier who knows and allows it
  • In some states, not reporting drug activity you know about

What "the place" can be

  • A house or unit you own or rent
  • A shed, garage or warehouse
  • A shop or other business premises
  • A venue where drug use is allowed or encouraged
The big catch: you can be charged even if you never handled a single drug. Knowing what's going on and allowing it is the key — that's why landlords, tenants and occupiers can all end up in the frame.

How police notice and build a case

These places often give themselves away. Investigators tend to rely on:

Watching the place

  • Surveillance and tip-offs from informants
  • Search warrants to go in and look
  • Text messages, photos or admissions

Signs something's off

  • Lab gear, grow lights or hydroponic equipment
  • Drug residue around the property
  • Unusually high power or water use
  • Windows always covered, or odd comings and goings

Once they have enough, police might send a notice to attend court, arrest someone, or lay several charges at once — for example, making drugs and running a drug premises.

What happens at court

Smaller matters are handled by the local court. Bigger or commercial setups go to a higher court. If you're found guilty, a court can hand down a mix of:

  1. Jail — the more serious or commercial the operation, the longer the possible term.
  2. Fines — sometimes on their own, sometimes alongside jail.
  3. Taking the property — the place itself can be seized or handed to the government.
  4. Ongoing orders — supervision or conditions placed on you afterwards.
Choose your state

Penalties where you are

New South Wales

NSW
Most serious cases — top of the scale
Up to 15 years in jail

This is the top of the scale, kept for the most serious commercial operations.

Read this as a ceiling, not a forecast. Maximum sentences are rarely handed down. Everyday cases usually end well below the top figure — often with much shorter terms, or no jail at all for smaller, first-time matters.
Your property & who's liable

Which court

Common defences

Every case turns on its own facts, but these are the kinds of arguments a lawyer might use:

You didn't know

You had no idea the place was being used for drugs.

You weren't in control

You had no real say over what happened at the property.

The search wasn't proper

Police broke the rules of the warrant or mishandled evidence.

You're the landlord

You leased it out and weren't aware a tenant was using it for drugs.

Charged with this? Talk to a lawyer.

We're not a law firm — but we can point you to criminal lawyers who handle drug-premises matters in your state.

Read this first

This is general information, not legal advice

This page explains how these charges generally work — it can't tell you what will happen in your case. Penalties shown are the legal maximums, which courts rarely reach. If you've been charged, talk to a criminal lawyer before deciding anything.

Criminal lawyers

Hiring a Criminal Lawyer is Essential if You’ve Been Charged

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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 criminal lawyer.