Use of prohibited drugs

The maximum penalty for the charge of prohibited drugs (Section 12 of the Drug Misuse and Trafficking Act) is a fine of 20 penalty units and/or 2 years imprisonment.

What the prosecution must prove

The police must prove each of the following beyond reasonable doubt:

• You administered to yourself the prohibited drug and that it was you who committed the offence.

Penalties

The court can impose any of the following penalties:

• Section 10 Crimes (Sentencing Procedure) Act-charge found proven but dismissed.
• Community Service Order.
• Intensive Correction Order (previously known as periodic detention)
• Fine
• Good Behaviour bond.
• Suspended sentence
• Home detention
• Prison Sentence

Based upon our experience and statistics from the Judicial Commission of NSW we believe the penalty in a case that is within the mid-range of seriousness for the offence of use of prohibited drugs, if heard in the Local Court is likely to be:

• Cocaine: A fine of $300
• Cannabis: A fine of $200
• Amphetamines: A fine of $250
• Heroin: A fine of $250
• Ecstasy: A bond under section 10A of the Crimes (Sentencing procedure) Act.

For first time offenders the likely penalty is:

• Cocaine: A bond under section 10 of the Crimes (Sentencing Procedure) Act.
• Cannabis: A fine of $300.
• Amphetamines: A fine of $250.
• Heroin: A fine of $750.

This matter is a summary matter and can only be finalised in the Local Court.