Possession of a prohibited drug is one of the most common criminal charges in Australia. Whether it’s cannabis, ecstasy, cocaine, methamphetamine, or prescription medication without authority, being found in possession can result in serious legal consequences.
This guide outlines what drug possession means under Australian law, how police lay charges, what defences may apply, and the state-by-state breakdown of legislation and penalties.
Drug possession refers to having a prohibited substance in your custody or control. This includes drugs found:
On your person (in a pocket or bag)
In your car or home
In a location you control or know about
To secure a conviction, the prosecution must prove:
The substance was a prohibited drug
You had knowledge and control of it
Police typically lay charges after:
Searches (with or without a warrant)
Sniffer dog operations at festivals, transport hubs or clubs
Traffic stops and vehicle searches
House raids or surveillance-based investigations
If drugs are found, you may be:
Issued a court attendance notice
Offered a caution or diversion (for first-time or minor offences)
Arrested and taken into custody for serious matters
The court process usually follows these steps:
First court appearance – charges are read; you may enter a plea
Brief of evidence – prosecution provides evidence to support the charge
Plea hearing or trial – depending on your plea (guilty or not guilty)
Sentencing – if found guilty, the court considers penalties based on circumstances
In most cases, drug possession matters are dealt with in the Local Court or Magistrates’ Court.
Common legal defences include:
Lack of knowledge – You did not know the drug was in your possession
Lack of control – You had no control over the drug (e.g., left by someone else)
Unlawful search – The search that found the drugs was illegal or exceeded police powers
Mistaken identity – Someone else owned or possessed the drugs
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
Penalty:
Up to 2 years’ imprisonment and/or $2,200 fine
First-time offenders may receive a caution under the Cannabis Cautioning Scheme
Legislation: Drugs, Poisons and Controlled Substances Act 1981
Penalty:
Simple possession – up to 1 year imprisonment
Diversion programs available for minor/first-time offences
Legislation: Drugs Misuse Act 1986
Penalty:
Schedule 1 drugs (e.g., heroin, MDMA) – up to 25 years’ imprisonment
Schedule 2 drugs (e.g., cannabis) – up to 15 years’ imprisonment
First-time offenders may receive a drug diversion notice
Legislation: Misuse of Drugs Act 1981
Penalty:
Up to 2 years in prison and $2,000 fine
Diversion and education programs may apply for first-time offenders
Legislation: Controlled Substances Act 1984
Penalty:
Fines up to $2,000 and/or 2 years’ imprisonment
Police may issue a Cannabis Expiation Notice (on-the-spot fine) for small amounts
Legislation: Drugs of Dependence Act 1989
Penalty:
Minor possession of cannabis – civil offence with a fine
Other drugs – up to 2 years’ imprisonment
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.
