Using or administering a prohibited drug is a criminal offence in Australia, separate from possession or trafficking. This offence applies to consuming, injecting, or otherwise administering an illicit substance to yourself or another person.
Whether the offence involves methamphetamine, MDMA, cocaine, heroin, or prescription drugs without a valid prescription, the consequences can be serious and may lead to a criminal record, fines, or even imprisonment.
This offence includes:
Self-use (e.g. smoking, swallowing, injecting)
Injecting or administering a drug to another person
Being found under the influence of a prohibited drug in some states
Unlike possession, no quantity of drugs needs to be found on the person – evidence of use (e.g., positive drug test) or witness testimony can be enough to support a charge.
Police can lay charges based on:
Observation or admission of drug use
Drug testing (e.g. at music festivals, roadside stops, or custody)
CCTV footage or eyewitness accounts
Evidence of administration equipment (e.g. syringes, smoking pipes)
In some cases, police may issue a court attendance notice, diversion referral, or make an arrest, depending on the seriousness and your history.
These charges are generally heard in the Local or Magistrates’ Court. The process includes:
First court appearance and plea
Brief of evidence provided by prosecution
Negotiation (if applicable)
Trial or sentencing
In many cases, first-time offenders may be eligible for cautions, drug diversion, or treatment-based programs rather than jail time.
Legal defences include:
Lack of knowledge – you were unaware of the substance or its effect
False positive test – where a positive test result is inaccurate or contaminated
Duress – you were forced or coerced to use or administer the drug
Unlawful procedure – the charge arose from an illegal search or improper evidence collection
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
Offence: Section 12 – Use or administration of prohibited drugs
Penalties:
Up to 2 years’ imprisonment and/or $2,200 fine
Police cautions or diversion programs may apply for first-time offenders
Legislation: Drugs, Poisons and Controlled Substances Act 1981
Offence: Use or attempted use of a drug of dependence
Penalties:
Up to 1 year imprisonment
Diversion programs or treatment options available for minor use
Legislation: Drugs Misuse Act 1986
Offence: Administering, consuming, or attempting to use dangerous drugs
Penalties:
Up to 15 years’ imprisonment (depending on the substance)
Drug diversion may be available for first-time or minor cases
Legislation: Misuse of Drugs Act 1981
Offence: Administering a prohibited drug to self or another
Penalties:
Up to 2 years’ imprisonment and/or fines
Eligible offenders may receive treatment or counselling referrals
Legislation: Controlled Substances Act 1984
Offence: Administration or self-administration of controlled drugs
Penalties:
Up to 2 years’ imprisonment
Expiation notices available for cannabis or minor offences
Legislation: Drugs of Dependence Act 1989
Offence: Using or administering a controlled drug
Penalties:
Civil penalty for cannabis use (fine only)
Other substances – up to 2 years’ imprisonment
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.
