Drug Possession Lawyer Sydney
Being caught with a small amount of drugs can feel minor, but a conviction for drug possession can affect your job, travel and future. With the right advice, many people charged with possession avoid a criminal conviction altogether. Our drug possession lawyers in Sydney act at every stage, from the police station to sentence.
Reviewed by Sam Saadat, Principal Lawyer, Invictus Legal. Last reviewed: 30 October 2026.
Need help now? Call our 24/7 urgent line 0410 600 230 · Book a free consultation · Email info@invictuslegal.com.au
Drug possession offences in NSW
It is an offence to have a prohibited drug in your possession (Drug Misuse and Trafficking Act 1985 (NSW) s 10). The maximum penalty is 2 years imprisonment, a fine of 20 penalty units, or both (s 21). It is also an offence to possess equipment for administering a prohibited drug, such as a pipe or bong, although syringes are excluded (s 11), and to self-administer a prohibited drug (s 12).
To prove possession, the prosecution must generally show that the drug was in your custody or control and that you knew it was there. Drugs found in a shared car, room or bag can raise real questions about whether possession can be proved.
Possession or deemed supply?
If you are found with at least the traffickable quantity of a prohibited drug, you are deemed to have it for supply unless you prove it was for another purpose, such as personal use (s 29). Deemed supply carries much higher penalties. For example, the traffickable quantity is 3.0g for cocaine, heroin and methylamphetamine and 0.75g for MDMA. See our drug supply charges page.
Criminal infringement notices and diversion
For some small quantity possession offences, police may issue a $400 criminal infringement notice instead of a court attendance notice, under the Early Drug Diversion Initiative (Criminal Procedure Regulation 2017 (NSW) Sch 4). This applies, for example, to a small quantity of most prohibited drugs other than cannabis leaf, and to MDMA tablets below the traffickable quantity. Eligibility is decided by police under their operating procedures. Small amounts of cannabis may instead be dealt with by a police caution in some cases.
If you are charged, programs such as MERIT (Magistrates Early Referral Into Treatment) may be available to help address drug use before sentence.
Can I avoid a conviction for drug possession?
In many cases, yes. The court can dismiss the charge, or make a conditional release order, without recording a conviction (Crimes (Sentencing Procedure) Act 1999 (NSW) s 10). The court considers your record, the type and quantity of the drug, your circumstances and steps you have taken, such as counselling or drug testing. We prepare the material to give you the best chance of a section 10.
How our drug possession lawyers can help
Advising you before any police interview, and on searches and your rights.
Challenging the legality of a search, including a drug detection dog indication or a search at a music festival.
Testing whether possession and knowledge can be proved.
Negotiating to have a deemed supply charge downgraded to possession.
Preparing references and reports to seek a non-conviction outcome.
As expert criminal defence lawyers, we appear in the Local Courts at Downing Centre, Bankstown, Parramatta, Newtown, Burwood, Waverley, Manly, Liverpool and Campbelltown, the District Courts at Sydney, Parramatta, Campbelltown and Newcastle, and the Supreme Court in Sydney. See our criminal law services and your rights during a police search.
How much does a drug possession lawyer cost?
Local Court guilty plea: from $2,200 incl. GST
Local Court defended hearing: from $5,500 incl. GST
Local Court or District Court bail application: from $3,300 incl. GST
Police station attendance: $660 incl. GST (Sydney) or $1,210 incl. GST (outside Sydney)
Fixed fees are solicitor fees only and exclude Counsel fees and other disbursements, which are set out in your costs agreement. Every client receives a written costs agreement before we commence any work, as required under the Legal Profession Uniform Law (NSW). We offer a free 15-minute Express Consultation and a free 30-minute Initial Consultation, in person at our Marrickville office or by video.
Call our office on 02 8553 0500 or book online. For urgent matters, such as an arrest, a bail application or urgent injunctive relief, call our 24/7 urgent line on 0410 600 230.
This page is general information only and is not legal advice. Contact Invictus Legal to discuss your situation.
Talk to a lawyer today. Call 0410 600 230 (24/7) or 02 8553 0500, book a free consultation, or email info@invictuslegal.com.au.
Frequently asked questions
What is the maximum penalty for drug possession in NSW?
2 years imprisonment, a fine of 20 penalty units, or both (Drug Misuse and Trafficking Act 1985 (NSW) ss 10, 21). Most first offenders receive far less, and many avoid a conviction.
Can I get a fine instead of going to court?
For some small quantity offences, police may issue a $400 criminal infringement notice under the Early Drug Diversion Initiative, if you meet the police eligibility criteria.
What is deemed supply?
If you have at least the traffickable quantity of a drug, you are deemed to possess it for supply unless you prove it was for another purpose, such as personal use (s 29).
Will I get a criminal record for drug possession?
Not necessarily. The court can dismiss the charge or make a conditional release order without recording a conviction under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW).
Is possessing a bong or pipe an offence?
Yes. Possessing equipment for administering a prohibited drug is an offence, although syringes are excluded (Drug Misuse and Trafficking Act 1985 (NSW) s 11).