Drugs and the Law
The two most common drug offence types are ‘possession’ and ‘supply’. So what do these offences mean?
Possession: this includes physically carrying an illegal drug, or having it at the person’s home or car etc. Possession also includes jointly possessing a drug together with another person.
Supply or trafficking: this means providing a illegal drug to another person. Traditionally a trafficker is considered someone who exchanges drug(s) for money, property or services. However, if any illegal drug is passed onto others (even friends) this is also considered to be ‘trafficking’.
The penalties for drug offences vary depending on the age of the offender (adult or minor), type of drug, quantities involved, previous offences, and the state or territory in which the offence happened.
A criminal record can lead to difficulties getting a job, credit card or even a visa for overseas travel.
Minor Drug Offence
Most states and territories will allow police to divert someone from going to court if charged for a minor drug offence such as possession of very small amounts of certain illegal drugs.
This can result in:
A formal warning recorded on a database for police records.
A youth justice conference
A meeting where issues surrounding the offence are discussed with the parent/ guardian, police, and health professionals.
A drug assessment and education session
This involves being assessed for drug use and undergoing an education and counselling session.
Major Drug Offence
If someone is caught with a larger quantity of illegal drugs or is a repeat offender, they may not qualify for a diversion or caution and could face other penalties such as:
This can be up to $100,000.
A criminal penalty
This can include a heavy fine and/or imprisonment which may be up to 25 years.
What about “Legal Highs”?
In recent years, many ‘new’ drugs have arrived on the market. These are often advertised as ‘legal highs’ , despite the fact that in many cases they are not legal. These substances are also marketed as ‘synthetic drugs’, ‘party pills’, ‘research chemicals’, or ‘plant food’, and are often used as substitutes for other illegal drugs. They are sometimes sold in stores or online and marketed as ‘legal’ and ‘safe’, however many contain ingredients that are actually illegal and potentially very dangerous.
For more information, see Synthetic Cannabinoids and “Legal Highs”.
Most of these substances are illegal, or are quickly made illegal, because of health risks.
Drug Use and Schools
All schools take drug use very seriously. Although their first priority will be to look after the student and provide help, the person could also be suspended or expelled. The consequence will usually depend on the school policy and the nature of the specific drug incident.
This section outlines the law for drug-related offences in Australia. This information is a general summary and should not be taken as comprehensive legal advice. If you have been charged with a drug offence you should contact a criminal lawyer for assistance.
This factsheet was developed following expert review by researchers at the NHMRC Centre of Research Excellence in Mental Health and Substance Use and National Drug & Alcohol Research Centre, UNSW, and the National Drug Research Institute, Curtin University.
See Illegal Drugs and the Law: Detailed Resource for more information.