Home › Drugs › Use & administration
The whole idea in one picture
You can be charged for the act of using — even if no drugs are found on you. Here's how these cases tend to run, and where they usually land.
It's the act of taking a banned drug — or putting one into someone else. It's treated as its own offence, separate from possession or supply.
Police can lay this charge from the use itself. It often comes from:
These charges are almost always handled in the local or magistrates' court, and usually run like this:
For first-time offenders, courts often allow cautions, drug diversion, or treatment-based programs instead of jail.
Penalties where you are
This is the maximum. Most use cases are dealt with far more lightly.
Every case turns on its own facts, but these are the kinds of arguments a lawyer might use:
You were unaware of the substance or what it was.
The drug test result was inaccurate or contaminated.
You were pressured or coerced into using or administering it.
The charge came from an unlawful search or mishandled evidence.
A lawyer can often help you access diversion or treatment instead of a conviction — we can point you to ones who handle these matters in your state.
Read this first
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 for personal use. If you've been charged, talk to a criminal lawyer before deciding anything.
