Possess prohibited drug

The maximum penalty for a charge of possess prohibited drug (Section 10 of the Drugs Misuse and Trafficking Act) is a fine of 20 penalty units and/or 2 years imprisonment.

Prosecution must prove:

• That you had a prohibited drug in your possession
• That you were the person who committed the possess prohibited drug 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

If the case is within the mid- range of seriousness for this offence, if heard in the Local Court, the likely penalty based on NSW Judicial Commission Statistics would be:

• Ecstasy: A bond under section 10 of the Crimes (Sentencing Procedure) Act for a period of 12 months.
• Cocaine: A bond under section 10 of the Crimes (Sentencing Procedure) Act.
• Amphetamines: A fine of $300
• Heroin: A fine of $300
• Cannabis: A fine of $250

If the matter is finalized in the District Court, the likely penalty is:

• Ecstasy: A good behavior bond under section 9 of the Crimes (Sentencing Procedure) Act
• Cocaine: A bond under section 9 of the Crimes (Sentencing Procedure) Act.
• Amphetamines: A good behavior bond under section 9 of the Crimes (Sentencing Procedure) Act.
• Heroin: Imprisonment for 2 years
• Cannabis: A fine of $200