Overview of Drug Offences
The Drug Misuse and Trafficking Act 1985 (NSW) prohibits the cultivation, manufacture, supply, possession and use of prohibited drugs in New South Wales.
The Criminal Code Act 1995 (Cth) prohibits the importation or possession of unlawfully imported border controlled drugs or trafficking (i.e. interstate) of border controlled drugs.
Defining “supply” and “deemed supply”
Section 3 of the DMTA defines “supply”
“Supply” includes sell and distribute, and also includes agreeing to supply, or offering to
supply, or keeping or having in possession for supply, or sending, forwarding, delivering
or receiving for supply, or authorising, directing, causing, suffering, permitting or
attempting any of those acts or things.
Section 29 sets out when possession will be deemed to be for supply as follows:
A person who has in his or her possession an amount of a prohibited drug which is not
less than the traffickable quantity of the prohibited drug shall, for the purposes of this
Division, be deemed to have the prohibited drug in his or her possession for supply
subject to exceptions.
Below are the most common drug classifications and quantities for State offences:
| Prohibited Plant OR Prohibited Drug | Traffickable Quantity |
Small Quantity |
Indictable Quantity |
Commercial Quantity |
Large Commercial Quantity |
| Cannabis Leaf | 300g | 30g | 1kg | 25kg | 100kg |
| Cocaine | 3g | 1g | 5g | 250g | 1kg |
| Heroin | 3g | 1g | 5g | 250g | 1kg |
| MDMA (otherwise known as ecstasy) |
0.75g | 0.25g | 1.25g | 125g | 500g |
| Methylamphetamine (otherwise known as “ice” or “speed”) |
3g | 1g | 5g | 250g | 1kg |
For a full list view the Drug Misuse and Trafficking Act 1985 – Schedule 1
Penalties for State drug offences
| Offence | Maximum Penalty |
| Possession | |
| Possession of a prohibited drug | 2 years imprisonment and/or $2,200 fine |
| Supply | |
| Supplying or knowingly taking part in the supply of less than a commercial quantity of prohibited drugs and relates to cannabis plant/leaf | 10 years imprisonment and/or $220,000 fine |
| Supplying or knowingly taking part in the supply of less than a commercial quantity of prohibited drugs and does not relate to cannabis plant/leaf | 15 years and/or $220,000 fine |
| Supplying or knowingly taking part in the supply of not less than a commercial quantity of cannabis plant/leaf | 15 years imprisonment and/or $385,000 fine |
| Supplying or knowingly taking part in the supply of not less than a commercial quantity of prohibited drugs and does not relate to cannabis plant/leaf | 20 years and/or $385,000 fine |
| Supplying or knowingly taking part in the supply of not less than a large commercial quantity of cannabis plant/leaf | 20 years imprisonment and/or $550,000 fine |
| Supplying or knowingly taking part in the supply of not less than a large commercial quantity of prohibited drugs and does not relate to cannabis plant/leaf | Life imprisonment and/or $550,000 fine |
| Offence of supplying prohibited drugs on an ongoing basis | Imprisonment for 20 years and/or $385,000 fine |
| Manufacture | |
| Manufacture, produce, or knowingly to take part in the manufacture or production of less than a commercial quantity of a prohibited drug | 15 years and/or $220,000 fine |
| Manufacture, produce, or knowingly to take part in the manufacture or production of not less than the commercial quantity of a prohibited drug | 20 years and/or $385,000 fine |
| Manufacture, produce, or knowingly to take part in the manufacture or production of not less than a large commercial quantity of a prohibited drug | Life imprisonment and/or $550,000 fine |
Penalties for Commonwealth drug offences
| Offence | Maximum Penalty |
| Importation/ Exportation of border controlled drugs | |
| Importing and exporting commercial quantities of border controlled drugs or border controlled plants | Life imprisonment and/or $825,000 fine |
| Importing and exporting marketable quantities of border controlled drugs or border controlled plants | 25 years imprisonment and/or $550,000 fine |
| Importing and exporting marketable quantities of border controlled drugs or border controlled plants | 10 years imprisonment and/or $220,000 fine |
| Possession of unlawfully imported border controlled drugs | |
| Possessing commercial quantities of unlawfully imported border controlled drugs or border controlled plants | Life imprisonment and/or $825,000 fine |
| Possessing marketable quantities of unlawfully imported border controlled drugs or border controlled plants | 25 years imprisonment and/or $550,000 fine |
Martin Ricci and The Law Practice have negotiated “plea deals” and proceeded to sentence for drug offenders for over 20 years achieving sensational results; many of which have been (and continue to be) relied upon by other practitioners.
