Drug Supply and Possession Offence

Drug Supply and Possession Offences

Drug offences are among the most prosecuted crimes in Australia, with both federal and state laws imposing strict penalties.

Possession: Simple possession of illicit drugs is a criminal offence. Penalties vary by jurisdiction and depend on the type and quantity of drug. Some states and territories (e.g., ACT) have moved toward decriminalising minor possession of certain drugs, replacing criminal penalties with fines or health interventions.

Supply and Trafficking: Supplying, manufacturing, or trafficking drugs is treated far more seriously, with lengthy imprisonment possible. Aggravating factors include trafficking to minors or near schools.

Recent Trends: Legislation continues to evolve, with a greater focus on harm minimisation and diversion for minor offences, but harsh sentences remain for major supply offences.

References:

• Criminal Code Act 1995 (Cth), Part 9.1.
• Drug Misuse and Trafficking Act 1985 (NSW).
• Drugs of Dependence (Personal Use) Amendment Act 2022 (ACT).
• Australian Institute of Health and Welfare: Illicit drug use and harm.
• Adams v The Queen [2008] HCA 15.