Sydney Drug Charge Lawyers

At Hannay Lawyers, our drug charge lawyers Sydney have defended hundreds of clients facing drug allegations across NSW courts. We understand the Drug Misuse and Trafficking Act 1985 (NSW) inside-out, know how Sydney police conduct drug investigations, and have the courtroom experience to challenge every aspect of the prosecution case.

Specialist drug offence expertise — we focus specifically on drug law and understand the technical defences available under NSW legislation. Our team knows the difference between trafficable quantities, indictable quantities, and commercial quantities, and we know how to challenge the Crown’s evidence on every element of the charge.

Proven track record — we’ve achieved successful defence outcomes in Local Courts, District Courts, and Supreme Court matters across Sydney and throughout NSW. From section 10 dismissals for first-time possession to acquittals in serious supply and trafficking trials, we’ve defended clients at every level of the system.

Strategic approach — we identify weaknesses in police evidence, challenge the legality of search warrants, expose procedural failures, and scrutinise forensic testing. We know where to look for problems in the prosecution’s case, and we know how to exploit those problems to your advantage.

Immediate availability — we’re available 24/7 for urgent matters including police interviews, bail applications, and urgent legal advice. Drug investigations move quickly, and you need representation that moves just as fast.

Offices in Sydney — convenient access to legal representation when you need it most, with the ability to meet clients in custody, attend police stations, and appear in courts across the Sydney metropolitan area and regional NSW.

Drug charges won’t wait. Neither should you.

Understanding Drug Charges in NSW

New South Wales has some of Australia’s strictest drug laws. Under the Drug Misuse and Trafficking Act 1985 (NSW), drug offences encompass a broad range of conduct with penalties that escalate dramatically based on drug type, quantity, and your alleged role in the offence.

The Act regulates prohibited drugs including cannabis, cocaine, heroin, methamphetamine (ice), MDMA (ecstasy), and numerous other substances. It also covers prohibited plants (primarily cannabis plants) and precursor chemicals used in drug manufacture.

Understanding what you’ve been charged with is the first step in defending yourself. The difference between possession and deemed supply can be a matter of grams. The difference between a Local Court matter and a District Court indictable offence can determine whether you’re facing months or decades in prison.

Common Drug Charges in Sydney

Drug Possession

Drug possession under section 10 of the Drug Misuse and Trafficking Act is the most common drug charge in NSW. It applies when police allege you had prohibited drugs in your custody or control for personal use.

Possession charges can involve any prohibited drug including cannabis (marijuana, hashish, THC products), cocaine and crack cocaine, heroin and other opioids, methamphetamine (ice, speed, crystal meth), MDMA (ecstasy), LSD and other hallucinogens, prescription drugs without a valid prescription, and synthetic drugs or research chemicals.

Maximum penalties for simple possession are $2,200 fine and/or 2 years imprisonment for a first offence, or $5,500 fine and/or 2 years imprisonment for subsequent offences.

While these penalties may seem moderate compared to supply charges, even minor possession creates a permanent criminal record that affects employment, travel, and professional licensing. However, Hannay Lawyers can pursue alternatives including section 10 dismissals where no conviction is recorded, conditional release orders that avoid jail time, cannabis cautions or other drug diversion programs that keep matters off your record, and treatment-focused sentencing that prioritises rehabilitation over punishment.

The key to defending possession charges is challenging whether you actually possessed the drugs (knowledge and control), whether the search that found the drugs was lawful, whether the substance is actually a prohibited drug, and whether there are procedural defences available.

Drug Supply

Drug supply charges under section 25 of the Drug Misuse and Trafficking Act are far more serious than possession. In NSW, “supply” is defined extremely broadly and includes selling drugs for profit, giving drugs to friends even for free, sharing drugs at parties or social gatherings, agreeing to supply drugs even if no actual supply occurs, and possessing drugs in quantities police deem inconsistent with personal use.

The prosecution doesn’t need to prove money changed hands. Simply handing someone a cannabis joint at a party can constitute supply. Offering to get drugs for someone can constitute supply by agreement or aiding and abetting supply.

Maximum penalties for supply depend on the drug type and quantity. For cannabis, the maximum is up to 15 years imprisonment, or 20 years for commercial quantities. For MDMA, cocaine, heroin, and methamphetamine, penalties are up to 15 years imprisonment for small quantities, 20 years for commercial quantities, and life imprisonment for large commercial quantities.

Deemed Supply and Trafficable Quantities

One of the most dangerous aspects of NSW drug law is the concept of deemed supply. If police find you in possession of quantities above specified “trafficable quantities,” the law presumes you intended to supply the drugs — reversing the normal burden of proof and requiring you to prove the drugs were for personal use.

NSW law establishes specific quantities that trigger deemed supply and escalating charges. For cannabis, 300 grams is the trafficable quantity, 1 kilogram is the indictable quantity, and 25 kilograms is the commercial quantity. For cocaine, 3 grams is trafficable, 250 grams is commercial, and 1 kilogram is large commercial. For MDMA, 0.75 grams is trafficable, 125 grams is commercial, and 500 grams is large commercial. For methamphetamine and heroin, 3 grams is trafficable, 250 grams is commercial, and 1 kilogram is large commercial.

If police find quantities above these thresholds, you’re automatically presumed to be supplying unless you can prove otherwise. This is one of the few areas of NSW criminal law where the burden of proof shifts to the accused, making expert legal representation absolutely critical.

Drug Trafficking and Ongoing Supply

Trafficking charges under section 25A apply when police allege you’re involved in the business of drug supply — not just isolated transactions but ongoing commercial drug dealing activity. Evidence police use to establish trafficking includes multiple supply transactions over time, large quantities of drugs or unexplained cash, drug packaging materials, scales, cutting agents, text messages or communications indicating regular supply patterns, and surveillance evidence of repeated drug transactions.

Maximum penalties for trafficking range from 20 years to life imprisonment depending on drug type and commercial scale. These are among the most serious drug charges in NSW and are invariably prosecuted in the District Court with the full resources of the Office of the Director of Public Prosecutions behind them.

Drug Importation

Importing drugs into Australia is a federal offence under Division 307 of the Criminal Code Act 1995 (Cth). These charges are prosecuted by Commonwealth prosecutors and carry the most severe penalties in Australian drug law.

Importation includes international mail parcels containing drugs, drugs concealed in luggage or cargo at airports or seaports, body packing or internal concealment of drugs, and coordination or facilitation of drug importation even if you weren’t physically present when drugs entered Australia.

Maximum penalties are 25 years imprisonment and/or $550,000 fine for commercial quantities, and life imprisonment and/or $825,000 fine for marketable quantities.

Federal drug prosecutions are evidence-intensive, often involving Australian Federal Police, Australian Border Force, international law enforcement cooperation, and sophisticated surveillance and interception evidence. These cases require defence lawyers with experience in Commonwealth criminal law, not just state drug offences.

Drug Manufacturing and Cultivation

Manufacturing charges under section 24 of the Drug Misuse and Trafficking Act apply to operating clandestine drug laboratories, extracting or synthesizing prohibited drugs from precursor chemicals or plants, and converting precursor chemicals into finished drugs like methamphetamine or MDMA.

Cultivation charges under section 23 target growing cannabis plants including hydroponic operations, large-scale commercial cultivation, and even small numbers of plants allegedly for personal use.

Maximum penalties are up to 15 years imprisonment for cultivation of commercial quantities, 20 years for large commercial quantities, up to 20 years for manufacturing, and life imprisonment for manufacturing large commercial quantities.

NSW Police target cannabis grow houses and clandestine methamphetamine laboratories aggressively in Sydney and throughout the state, using surveillance, electricity consumption analysis, thermal imaging, odour detection, and tip-offs from the community. These investigations often involve months of surveillance before raids are executed with search warrants.

Drug Premises Offences

Section 36 creates offences for knowingly allowing premises to be used for drug supply, operating or managing premises used for drug manufacture or supply, and being a landlord who knowingly allows drug activity on rental properties.

These charges often accompany supply or manufacturing allegations and carry maximum penalties of 15 years imprisonment. They can capture people who aren’t directly involved in drug offences but who facilitate them by providing locations.

Possession of Drug Paraphernalia

Section 11 criminalises possession of equipment for drug administration including bongs, pipes, syringes without legitimate medical purpose, scales used for drug weighing and packaging, and packaging materials associated with drug supply like small ziplock bags or clip-seal bags in quantity.

While penalties are less severe with a maximum of 2 years imprisonment or $2,200 fine, these charges often appear alongside more serious drug allegations and can support prosecution arguments about your involvement in drug supply rather than just personal use.

Why You Need Hannay Lawyers for Drug Charges

Drug convictions create permanent consequences that extend far beyond imprisonment. These consequences affect every aspect of your life, often for decades after you’ve completed any sentence.

Criminal records create employment barriers in most professional industries, automatic rejection from jobs requiring police checks or security clearances, inability to work in healthcare, education, childcare, or security industries, barriers to professional licensing in fields like law, medicine, nursing, trades, and ongoing disclosure requirements for any job applications.

Travel restrictions include visa denials for the USA, Canada, UK, and many other countries that conduct character assessments, difficulties obtaining passports if you’re subject to control orders, restrictions on international business travel, and potential deportation for non-citizens convicted of drug offences.

Professional consequences include loss of existing professional registrations, inability to obtain trade licenses or industry certifications, security clearance revocations for government or defence industry work, and mandatory reporting to professional regulatory bodies.

Immigration impact is severe for non-citizens. Drug convictions trigger visa cancellation for temporary visa holders under section 501 of the Migration Act, character test failures affecting permanent residency applications, deportation proceedings even for long-term residents, and barriers to citizenship applications.

These consequences are permanent. Your defence starts now.

What should I do if police want to search me?

Stay calm and be polite. Ask: “Am I required to submit to this search?” Police need either a valid search warrant, reasonable suspicion you have drugs based on specific observations or information, or your consent.

If police lack lawful grounds, you can refuse the search. If they insist, don’t physically resist — comply under protest and contact Hannay Lawyers immediately afterward. We’ll challenge the legality of the search in court and seek to have any evidence excluded.

Should I talk to police about drug allegations?

No. You have the right to silence under NSW law. Anything you say can and will be used against you in court. Politely state: “I want to speak to my lawyer before answering any questions” and contact Hannay Lawyers immediately.

Police are trained interrogators who use psychological techniques designed to obtain admissions and incriminating statements. Even innocent explanations can be twisted into evidence supporting the prosecution’s case. Even explanations that seem helpful can lock you into a version of events that becomes difficult to change later.

Never participate in police interviews without legal representation present. We’ll attend the interview with you, advise you on whether to answer questions or exercise your right to silence, and ensure police don’t exceed their powers or use improper questioning techniques.

Will I go to jail for drug possession?

Not necessarily. First-time possession offenders often avoid imprisonment, especially with strong legal representation. Hannay Lawyers pursues section 10 dismissals where you receive no conviction and no penalty, conditional release orders that are community-based sentences without jail, fines instead of imprisonment, and referral to drug diversion programs like the cannabis caution scheme.

Jail is more likely for repeat offenders, supply charges, large quantities, or where there are aggravating factors like possessing drugs in areas frequented by children. However, even serious charges can result in community-based sentences with proper mitigation, strong character references, evidence of rehabilitation, and expert sentencing submissions.

Can I get drug charges dismissed?

Yes, in several circumstances. Unlawful searches mean evidence can be excluded and charges withdrawn. Lack of evidence means the prosecution can’t prove essential elements like knowledge, possession, or that the substance is actually a prohibited drug. Procedural failures and police errors can undermine the case. Section 10 dismissals result in a guilty finding but no conviction recorded. Diversion programs can lead to charges being dismissed upon successful program completion.

Hannay Lawyers identifies every available avenue to have charges dismissed or withdrawn. We scrutinise the evidence, challenge the legality of police conduct, and negotiate with prosecutors to achieve the best possible outcome.

What if drugs were found in my car but weren’t mine?

You can defend on the basis of lack of knowledge and control. If someone else left drugs in your vehicle without your knowledge, you’re not guilty of possession. Hannay Lawyers presents evidence showing you didn’t know drugs were present, other people had access to the vehicle, drugs were concealed in areas you couldn’t reasonably be expected to check, and forensic evidence doesn’t link you to the drugs.

These defences are particularly effective when passengers or previous occupants could have left drugs in the vehicle, when drugs were found in areas like under seats or in door pockets that passengers access, or when there’s no forensic evidence like fingerprints or DNA linking you to the drugs.

How long do drug charges take to resolve?

Simple possession matters in the Local Court can resolve in 2 to 4 months from charge to finalisation. Complex supply or trafficking cases in the District Court may take 12 to 18 months or longer. Factors affecting timeframes include police brief of evidence preparation, forensic testing and laboratory analysis delays, negotiation periods with prosecutors, court availability and hearing dates, and whether matters proceed to defended hearing or trial.

Hannay Lawyers works efficiently to resolve matters as quickly as possible while ensuring thorough preparation and the best possible outcome.

Will a drug conviction affect my job?

Most likely, yes. Drug convictions create permanent criminal records visible to employers conducting National Police Checks. Industries most affected include healthcare and medicine, education and childcare, law enforcement and security, legal profession, financial services, government employment, and roles requiring security clearances.

This is why avoiding conviction through section 10 dismissals or diversion programs is so critical. Hannay Lawyers fights to keep drug matters off your record and protect your employment prospects.

Can I travel overseas with drug charges pending?

If you’re on bail, your travel may be restricted. International travel while on bail typically requires prosecutor consent, court approval, and sometimes surrender of passport. Courts are often reluctant to permit international travel for serious drug charges due to flight risk concerns.

If convicted, many countries including the USA, Canada, and UK deny entry to people with drug convictions, even minor possession offences from years ago. Hannay Lawyers helps navigate travel restrictions during proceedings and advises on how convictions may affect future international travel.

What if I’m not an Australian citizen?

Drug convictions create serious immigration consequences for non-citizens. Visa cancellation is mandatory for sentences exceeding 12 months under section 501 of the Migration Act. Character test failure affects visa applications and permanent residency prospects. Deportation is possible for temporary visa holders even for relatively minor drug offences. Citizenship barriers prevent naturalisation for people with drug convictions.

Non-citizens facing drug charges need Hannay Lawyers’ expertise at the intersection of criminal law and immigration law. We coordinate with immigration lawyers to protect your visa status and minimise immigration consequences.