Drug possession and supply

Hennikers has experienced criminal defence lawyers who can assist you if you have been charged with a drug related offence.

It is an offence in NSW to be in possession of an illicit substance. An illicit substance includes a large number of drugs, including cocaine, ecstasy, MDMA, ice and cannabis /marijuana.

Supplying prohibited drugs is an offence which carries a penalty of 10 years imprisonment. It is also an offence to knowingly take part in the supply of prohibited drugs. If a person knowingly takes part in the supply of drugs, such as driving another person to and from drug deals, or assisting with packaging and preparing the drugs, they can also be found guilty of the offence, even if they were not involved in the actual drug deal. To “supply” a drug includes not just selling the substance, but other things such as sending, forwarding or delivering the drug.

NSW also recognises an offence of “deemed supply.” If a person has in there possession a large amount of drugs, (which is an amount of a prohibited drug which is not less than the traffickable quantity) they are deemed to have the prohibited drug in their possession for supply. There are ways to defend deemed supply charges, including by showing that the person had the prohibited drug in their possession otherwise than for supply, such as for personal use.

The cultivation of prohibited plants is also an offence in NSW. This is an offence where a person has grown their own prohibited plant, such as majuiana. The penalties that the court can impose will depend on the amount of plants being cultivated, but in serious cases can lead to the court imposing lengthy jail sentences.

If there is a dispute about the substances in question, Hennikers can assist by seeking forensic testing of the alleged drug. The expert criminal lawyers at Hennikers have successfully defended criminal charges after forensic testing determined the substances where in fact not illicit substances. Don’t risk not getting the best scientific and forensic advise in your criminal case.

The criminal law defence team at Hennikers has vast experience with drug offences. We can explore all your options to get charges downgraded, or to fight the charges at a defended hearing.

If you have been found in possession of a prohibited drug and wish to plead guilty, the criminal defence lawyers at Hennikers can help you try and avoid a conviction. The experienced lawyers at Hennikers have a 99% success rate in obtaining their client’s a “section 10” in drug possession offences. This is a result that means no conviction is recorded and means a person avoids having a criminal record for the offence.